How Does the State Know if You Intended to Distribute Drugs?

 Posted on November 22, 2024 in Drug crimes

Simple drug possession is usually a much less serious charge than possession with intent to distribute. Simple possession means having drugs that you intended to use yourself. Possession with intent to distribute means the state thinks you planned to share or sell the drugs. It is a more serious offense that is more likely to get you sent to prison if you are convicted. Courts sometimes see people who had drugs for personal use as addicts who need help, but view drug distributors as a danger to the community. If you have been charged with possession with intent to distribute, you need an experienced Salt Lake City, UT drug crimes lawyer right away.

Telling the Difference Between Possession for Personal Use and Planning to Distribute

Since the court cannot read your mind to tell whether you planned to distribute the drugs to other people, but the prosecutor does have to prove it, the state will use several factors to determine what you intended to do with the drugs. A few factors the state might use to show that you intended to distribute the drugs include: 

 Quantity - People who only have a small amount of drugs usually planned to use the drugs themselves. Drug users normally buy small amounts as they have the money to pay for them or for an occasion. People who have large amounts of drugs are often selling them.

• Presence of cash - If you have drugs and a large amount of cash on hand, the state is likely going to argue that the cash was earned by selling drugs. Most people keep little to no cash around, so having any significant amount of cash around when you are caught with drugs can make it appear that you are a drug dealer. If you had an innocent reason for having a lot of cash, like if you just sold some furniture, your lawyer can try to prove the money came from a legal source. 
• Witnesses - People who have been caught with drugs are sometimes perfectly happy to turn in their dealers if it will keep them out of jail. If you were about to make a transaction when the police appeared, this is likely the case. The state might also have text messages between you and a buyer that show you were selling drugs. 
• Drug tests - In nearly any other case, you would want your drug test to be negative. However, if you are in possession of hard drugs and test negative, it looks like you were selling instead of using. 

Contact a Salt Lake City, UT Drug Possession Attorney

Collins Rupp, P.C. can help you fight back against your possession with intent to distribute charges. Our aggressive Davis County, UT drug crimes lawyers strive to help our clients make informed decisions while their cases are in process. Contact us at 385-777-2753 for a complimentary consultation.