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Possession with intent to distribute is a serious offense involving knowing possession of an illegal item and the intention to offer it for sale. Penalties vary but usually involve jail time. The intention to distribute can be inferred from circumstances, and the severity of the penalty depends on the type of illegal item possessed. Bargaining down to possession alone is a common strategy in court.
Possession for the purpose of distribution is a serious offense which combines the elements of possession of an illegal asset with an additional willful misconduct. People who knowingly possess an illegal item, usually a controlled substance, can be charged with possession of an illicit substance. The intention to distribute can be found through a close look at the circumstances surrounding the possession. Penalties for this crime vary from jurisdiction to jurisdiction, but usually involve jail time.
The first requirement of a possession with intent to distribute the charge is that the party knowingly possesses an infringing object. Typically, to own an item, the person must have had the item under his or her control long enough to recognize the illegal nature of the item and have the ability to dispose of it. The fact that the party must “knowingly” possess the object implies that he must be aware that the object is under his control and know that it is illegal to be charged with possession. Intentionally avoiding identification of the object is not an acceptable defense.
To charge someone with such an offense, the judge must ascertain that the holder of the illegal item intended to offer it to other people, for sale or otherwise. This intention to distribute can be inferred based on various circumstances. For example, if someone is arrested in possession of several small, individually packaged portions of an illegal drug, then it can be assumed that those bags were for sale and the person could be charged with possession with intent to distribute. The circumstances need not be so obvious that the person intends to sell the infringing item. Simply finding unusually large quantities of an illicit substance may imply intent to distribute.
Typically, anyone found guilty of this charge will be required to serve time in prison for their crime. The penalty will also depend on the seriousness of the illicit object possessed by the perpetrator. For example, someone found guilty of possession of cocaine with intent to distribute would generally receive a more severe sentence than someone found guilty of possession with intent to distribute marijuana. Usually, the strategy in court for anyone accused of this crime is to bargain the charge down to possession alone, as the penalties are much lower and typically do not involve jail time.
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