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November 21st, 2023
The Difference Between Possession with Intent to Distribute vs. Simple Possession
When it comes to North Carolina drug crimes, you will generally face one of two types of criminal charges: simple possession, or possession with intent to distribute. In this blog, we will discover the differences between possession with intent to distribute vs. simple possession and how your circumstances dictate the defense that will best serve you.
Possession with Intent to Distribute vs. Simple Possession
Possession of drugs, often referred to as “simple possession,” is the least serious of the two North Carolina drug crimes and is often, but not always, charged as a misdemeanor. The severity of the charges you may face will depend on factors such as the nature of the drug you are charged with possessing, the amount of drugs in your possession, and whether this is your first offense.
Possession with intent to distribute is a much more serious drug crime and is almost always charged as a felony. If you’ve been charged with possession with intent to distribute, you need an experienced drug crime defense lawyer on your side who will develop a strong defense and fight for a favorable outcome in your case.
Penalties for Possession with Intent to Manufacture, Sell, or Distribute
In North Carolina, it is illegal to be in possession of a controlled substance with the intent to manufacture, sell, or distribute it (PWIMSD). Punishment varies depending on the category and quantity of the drug allegedly in your possession.
For a Schedule I or II controlled substance, PWIMSD is a class H felony punishable by 39 months in jail. Charges of PWIMSD for a Schedule III, IV, or V substance is a class I felony punishable by 24 months in prison.
Proving Possession with Intent to Manufacture, Sell, or Distribute
Illegal drugs are formally known as controlled substances and are regulated by the government. They are divided into five schedules based on the likelihood of abuse of the drug and whether the drugs have an accepted medical use. To convict a person of PWIMSD, the prosecution must prove that the defendant: (1) was in possession of a controlled substance; and (2) intended to (a) manufacture; (b) sell; or (c) distribute it.
Manufacture
Manufacturing drugs is the process of creating or producing a controlled substance. It might involve cooking or refining a drug substance, or producing drugs like heroin or cocaine or prescription medications like oxycodone or fentanyl. It might also involve the cultivation of drugs like marijuana.
Sale
Selling drugs often involves the exchange of drugs for money, although it might also involve exchanging drugs for a product or service or even just offering to sell drugs.
Delivery
In prosecutions for PWIMSD, delivery can involve more than just the physical exchange of drugs for something else. In some cases, police will charge a person with PWIMSD simply for being in possession of a large quantity of drugs, even if they never actually handed them over to another person.
Intent
To prove the element of intent, the prosecutor must identify surrounding circumstances that show you planned to manufacture, sell, or distribute the drug. In many cases, the prosecutor will point to circumstantial evidence of intent, such as the quantity of drugs in your possession, or paraphernalia that can be used to manufacture, conceal, or distribute drugs. For example, prosecutors might charge you with PWIMSD if you are in possession of a quantity of drugs that is more than what a person would have for personal use. Similarly, prosecutors might point to scales used to weigh drugs, large amounts of cash, pay/owe sheets, or plastic baggies used to package drugs for distribution to show evidence of intent. They may also cite frequent and brief meetings with visitors to your home.
What Is the Difference Between Intent to Distribute and Simple Possession?
In many cases, the difference between possession with intent to distribute and simple possession will come down to the type and amount of a controlled substance in your possession, circumstantial evidence that you tried to sell drugs, and prior convictions for drug crimes.
If you believe you are under investigation or have been charged with a North Carolina drug crime, you need an experienced, aggressive criminal defense lawyer on your side.
Defenses to Charges of Possession with Intent to Distribute
An experienced drug crime defense lawyer will analyze your circumstances to identify potential defenses to charges of PWIMSD. Common defense strategies include:
Constitutional Defenses. Most defenses to charges of PWIMSD begin with a motion to suppress evidence that challenges whether the drugs were illegally obtained and whether the police followed the proper procedures in conducting a search and seizure of your property.
Lack of Possession. Another strategy is to attack whether the defendant was aware of the presence of the controlled substance.
Lack of Intent. A criminal defense lawyer can also challenge whether the evidence proves that the defendant actually intended to manufacture, sell, or distribute the drugs.
Contact Stowe Law Firm for Aggressive Defense Against North Carolina Drug Crime Charges
If you are under investigation or have been charged with a drug crime in North Carolina. Stowe Law Firm can help. The drug crime defense attorneys at Stowe Law Firm will evaluate your situation and mount an aggressive defense against the charges. We will call and question witnesses and argue for a reduction in charges, a reduced sentence, or dismissal of the case.
Stowe Law Firm is located in Salisbury, North Carolina, and proudly represents people in Rowan County, Iredell County, Davidson County, Cabarrus County, and Stanly County. Contact us today to schedule a confidential consultation to discuss your situation and learn how we can help.