Possession with Intent to Distribute


Possession of a controlled substance with the intent to distribute must meet two conditions. One must be in possession of the drug itself, and there should be sufficient evidence that he or she had the intent to sell or distribute the controlled substance.

For you to be in possession of a controlled substance, you must have been in physical possession of the substance when you were caught. However, in constructive possession, it can be shown that you possessed a controlled substance even if you did not physically possess the drug.

Constructive possession applies where a controlled substance is found on your property. This can be proved if you had the knowledge of the substance being in your property, and you have the ability to control the drug.

The prosecutor shows constructive possession by simply incriminating circumstances. The prosecutor does not have to prove that you had the full knowledge of the controlled substance being on your property. He or she will only have to prove that you should have known that the controlled substance was on your property. This means that the prosecutor will not need direct evidence or confession to prove that you placed the substances on your property.

For the “intent to sell or distribute” condition to be met, the prosecutor will have to use circumstantial evidence to prove that you had the mental intent to sell or distribute the drug.

However, direct evidence can be obtained in situations where you were caught trying to sell the substance to an officer. The prosecutor can also obtain the direct evidence from buyers you sold the controlled substance to.

Possession with Intent to Distribute

In NY, circumstantial evidence to prove your intent to sell or distribute a controlled substance may include:

You need not to have sold the substance to be charged with the intent to sell. Having planned or just intended to either sell or distribute freely the controlled substance is enough to support the accusation, as long the prosecution can convince the jury that you had the mental intention to do so.

The Law Office of Stephan Jacob Siegel, Esq. has experience in handling the issues involved in the possession with intent to sell or distribute a controlled substance. We will help you to either get the charges against you dropped or even reduce the ramification of the cases. We have the know-how to argue out the possession with intent to sell cases to make sure that favor is on our clients’ side.

Simple Possession

Possession with Intent to Distribute Charge

Unlike simple possession, the possession with the intent to sell or distribute a controlled substance leads to harsher penalties. Usually, possession of a controlled substance with the intent to sell or distribute it attracts a felony charge.

The nature of the felony charge depends on the state where the crime is charged, past criminal history, evidence to have sought drug treatment, and the type of drug you were in possession of.

Possession with Intent to Distribute Penalty

In some states like New York, the possession of methamphetamine or cocaine with the intent to distribute can attract a jail term of up to 40 years or a fine of up to $50,000 or both.

In other states, the penalties for possessing a controlled substance with the intent to sell or distribute depends on the quantity you possess; the higher the amount, the harsher the penalties.

Constructive Possession