Possessing illicit drugs, including marijuana, can already lead to significant penalties in Georgia. However, a drug possession charge is typically not as heavy as a charge of possession with an intent to distribute.
That single factor can be enough to turn a simple misdemeanor into a full-blown felony. But what does intent to distribute mean exactly? And what are potential defenses to it?
What is intent to distribute?
Intent to distribute is a prosecutor’s allegation that a person caught with drugs intended to sell, trade or give them to others. On the other hand, a simple possession charge typically means the person intends to keep the drugs for personal use.
Law enforcement officials may use several factors to prove intent. These include but are not limited to:
- A larger quantity of drugs, suggesting that the person does not intend to keep it for themselves
- Packaging of drugs, such as individual baggies
- Presence of scales or other distribution equipment
- Large amounts of cash
- Drug ledgers or customer lists
- Text messages, emails or other communications suggesting sales
Moreover, the police can charge a person with intent to distribute even if they have not sold or given away any drugs yet.
What are the punishments for possession with intent to distribute?
A simple possession charge may lead to a misdemeanor. But if there is intent to distribute, a person can face:
- A felony charge
- Prison time of five to thirty years
- Fines
The severity of the penalties will depend on several factors, such as the type of drug in question, the quantity, and the accused’s criminal history.
For example, a person caught with 10 ounces of marijuana may face lighter penalties than, say, a second-time offender caught with 50 grams of heroin.
What are potential defenses for intent to distribute?
If you are facing such charges, all hope is not lost. Several potential defenses can help mitigate the harshest penalties.
One strategy is to challenge the prosecution’s evidence by demonstrating unlawful search and seizure, mistaken identity, entrapment or lack of probable cause.
You can also argue that you were unaware of the presence or nature of the drugs. Another possibility is to prove that you were forced to possess or distribute drugs under threat.
Nevertheless, the best defense will depend on the specific circumstances of your case. Don’t hesitate to consult a criminal defense attorney who can help assess your situation, explore your legal options and build the best defense strategy possible.