What is intent to distribute?

What is Intent to Distribute?

Being caught with illegal drugs can lead to criminal charges. But what elevates simply possessing drugs to the more serious offense of possession with intent to distribute? Intent to distribute refers to having drugs along with evidence you planned to sell or share them with others.

Distribution charges lead to much harsher penalties than simple possession. Understanding how prosecutors establish intent can help your legal defense.

The Crime of Distribution

Trafficking controlled substances is illegal under both federal and state laws. Charges typically include:

• Possession with intent to distribute
• Possession with intent to manufacture and distribute
• Manufacturing a controlled substance
• Delivering or selling illegal drugs
• Conspiracy to traffic drugs

Penalties vary based on the amount and type of drug, but distribution charges always carry stiffer punishments than possession alone.

How Intent is Established

To prove intent to distribute, prosecutors look at the totality of the circumstances, including:

• Quantity – Possessing more drugs than for personal use suggests intent to distribute.
• Packaging – Drugs pre-packaged for sale indicate distribution plans.
• Cash – Carrying large amounts of cash implies drug proceeds.
• Weapons – Guns seized suggest drugs were for protection during deals.
• Scales – Weighing equipment means measuring out quantities to sell.
• Location – Being in a high drug trafficking area points to deals.

The more factors present, the stronger the evidence of intent to distribute rather than personal use.

Threshold Drug Quantities

Some states designate certain quantities of drugs that automatically trigger an intent to distribute charge, including:

• 1+ grams of heroin
• 2+ grams of cocaine
• 10+ grams of meth
• 75+ marijuana plants
• 1000+ grams of cannabis

Crossing these thresholds creates a legal presumption of intent to distribute even without other evidence.

Penalties

Distribution convictions mean much steeper punishments like:

• Up to life in prison
• Mandatory minimum sentences of 5, 10, or 15 years
• Fines up to $10 million
• Federal drug trafficking fines based on quantity
• Forfeiture of vehicles and property
• Drug addiction treatment
• Loss of federal benefits

Penalties increase with prior felonies or distribution near schools or public housing.

Defenses Against Distribution Charges

Potential defenses to raise against intent to distribute allegations include:

• The drugs were for personal use only
• You had no knowledge the drugs were present
• The drugs belonged solely to a companion
• You had no intent to sell drugs
• The drugs were for treating a medical condition
• The police lacked probable cause to stop or search you
• Violations of search and seizure protections

An experienced criminal defense lawyer can evaluate whether any of these defenses apply in your case.

Distribution vs. Trafficking

While similar, there are nuances between distribution and trafficking charges:

• Distribution involves actually selling drugs, even small amounts
• Trafficking typically entails larger quantities and running an ongoing operation
• You can face distribution for a single sale to one person
• Trafficking requires distribution of larger amounts on a regular basis

But in some states, the charges are used interchangeably. The penalties are also similar – both are felonies with severe sentences compared to possession.

Distribution vs. Possession with Intent

There are also key differences between possession with intent and distribution:

• Possession with intent means having drugs packaged for sale
• No actual distribution or transaction needs to occur
• Distribution requires the act of delivering drugs to buyers
• Penalties may be lower for possession with intent alone

Prosecutors often initially charge possession with intent, then add distribution charges later if more evidence emerges.

Marijuana Distribution

Marijuana distribution laws are evolving due to legalization in some states. But it remains illegal federally and in most states without proper licensing. Common marijuana distribution charges include:

• Unlicensed distribution or sale
• Transporting large quantities across state lines
• Distribution of marijuana concentrates like hash oil
• Selling to minors
• Distribution near schools or other prohibited areas

Illegally distributing marijuana still carries stiff penalties comparable to other drugs.

What to Do if Charged

Never attempt to talk your way out of drug charges or explain reasons for your activities. Admit nothing. Politely decline to answer police questions and immediately request an attorney. An experienced drug crimes lawyer can evaluate potential defenses to avoid a devastating conviction.