Drug possession is a crime in many cases. Only people with valid prescriptions or medical licenses can typically possess controlled substances. People caught with prescription drugs or prohibited substances in their possession are at risk of criminal prosecution.
In some cases, the state might pursue particularly serious charges. They may allege that the defendant possessed the drugs with additional criminal intentions. In such cases, the defendant is likely to face felony charges.
What differentiates possession with intent from simple possession?
The drugs are not for personal use
Simple possession offenses involve individuals acquiring drugs for their own use. However, state law also makes it a crime to possess a drug with the intent of manufacturing another substance, trafficking the substance or distributing it to others.
In many cases, the amount of drugs that law enforcement professionals find can raise questions about a person’s intent. If they find large quantities of a single drug, that may lead to the assumption that the person intended to distribute those drugs to others. The possession of multiple different types of drugs can also raise questions about an individual’s intentions.
Prior criminal convictions and records of communications about sharing or selling drugs could also strengthen the state’s case in a possession with intent scenario. Possession with intent is not only a more serious charge, but it also typically carries harsher penalties than simple possession. Additionally, people who plead guilty or get convicted have a criminal record that could seem far more serious to prospective employers and landlords than simple possession.
Responding effectively to pending drug charges can help people avoid the worst possible outcomes. Those accused of possession with intent may need help evaluating the state’s case and developing a defense strategy, and that’s okay.