A person who is accused of having drugs can face a multitude of charges. One of those charges is possession with the intent to distribute. This charge is a complex charge for drug crimes because it involves three elements. Understanding those elements can help you better plan your defense if you are facing a possession with the intent to distribute charge.
What are the three elements of a possession with the intent to deliver?
According to the federal definition of possession with the intent to distribute, the three elements are possession, an intent to distribute and possession with the intent to distribute. If all three elements aren't present, the crime wasn't committed.
What is possession?
Simply having a controlled substance or illegal drug on your person or within your control is possession. This means that if the drugs are in your home or your vehicle, you can face possession charges.
What is intent to distribute?
The intent to distribute element means that you had the intention of selling the drugs. Proving this intent often means that you had a significant amount of the drug or that the drugs were packaged in a manner that suggests you were going to sell them. Having large amounts of cash can also meet the intent to distribute element.
What is possession with the intent to distribute?
Possession with the intent to distribute means that you had the drugs in your possession and that you were going to sell them. This means that if you were going to sell drugs but haven't yet picked them up, you haven't met the criteria for possession with the intent to distribute.
Possession with the intent to distribute is a very serious charge. Exploring your options for defense, such as trying to show that your case doesn't meet all three elements, might help you if you are facing this charge.
Source: FindLaw, "Possession with the Intent to Distribute," accessed Aug. 20, 2015