What Is Possession Vs. Intent to Distribute?

You may assume that all drug possession charges are treated the same. However, in the state of Georgia, it matters whether you were caught possessing marijuana, cocaine, or heroin, for instance, along with the total amount of any of these. One step further, the Georgia criminal court will care greatly about whether you had the intent to distribute these drugs at the time of your arrest. With that in mind, please continue reading to learn the distinction between possession and possession with an intent to distribute, and how an experienced Cobb County drug possession lawyer at Miller Law Practice, LLC, can help you get a lesser punishment or dismiss all charges altogether. 

What is the difference between possession and intent to distribute?

As you can likely figure for yourself, a possession offense may mean being caught with a controlled substance on your person, in your vehicle, or in an area under your general control, that is assumed to be for your personal use. Then, with an intent to distribute charge, you may be accused of possessing drugs with the intention of selling or delivering them to others. It is worth mentioning that an actual sale or delivery does not need to take place to be convicted of such. 

Nonetheless, the personal use of drugs versus potential drug trafficking may be the difference between misdemeanor and felony consequences. For example, if you are found in possession of one ounce or less of marijuana, you may face jail time of up to 12 months and a fine of up to $1,000. But if an intent to distribute less than 10 pounds of marijuana is discovered, your penalties may upgrade to one to 10 years of imprisonment and a fine of up to $5,000.

How do police and prosecutors decide if an intent existed?

To legitimately convert your drug possession offense to an intent to distribute, law enforcement and the prosecution must sufficiently prove to the Georgia criminal court than an intent existed in the first place. This may heavily depend on the circumstantial evidence they identify at the time of your arrest. For one, there may be photographs of the drugs wrapped and packaged in individual portion sizes, which may suggest the intent to sell rather than use personally. 

Or, there may have been other items found at the scene that indicate a potential drug trafficking operation. Namely, there may have been a scale, an excess of small bags, and a considerable amount of cash on hand. Of course, there may be alternative explanations for all of these external factors. It is your job to clearly justify the situation you were found in, mostly with other pieces of proof that counter the prosecutor’s claims.

At the end of the day, you do not want to be charged for a crime you did not commit, regardless of whether it is drug possession or an intent to distribute. To avoid this from becoming your stark reality, please allow a skilled Cobb County criminal defense lawyer from Miller Law Practice, LLC, to represent you in your case. We will be more than happy to legally assist you.