Based on federal law, possessing an illegal drug and intending to distribute it is against the law. Therefore, if authorities accuse you of possession with the intent to distribute, you can face fines as well as time behind bars if convicted.
However, a mere charge of this type of crime does not mean you did it in the eyes of Lady Justice. Prosecutors have to prove you were intending to distribute drugs before a conviction can occur in the state of Colorado.
Possession is the first element of the crime of possessing a drug with the intention of distributing it. Drug possession is essentially keeping an illegal drug on you, such as in your purse, a bag, your pockets or even your hands. However, it can also mean having a drug in your control — for instance, in your car or house. You may face a possession charge if you were reportedly aware that the drug was present in situations when the illegal drug is not directly on your person.
Intent to distribute
With this element, prosecutors have to prove that you were intending or planning to distribute drugs. For instance, perhaps you had in your possession a significant amount of a drug, well beyond what would be considered normal for individual use. Other indicators that you were intending to distribute an illegal drug can include the following:
- Communication from customers
- Large quantities of money
- Packaging materials
- Drug paraphernalia
Both possession and intent
You cannot face a charge of possession with the intent to distribute unless the prosecution can prove that both the possession element and the distribution element occurred at the same time. For example, you cannot be charged if you were reportedly intending to distribute drugs but did not have them in your possession yet. Likewise, if you had only a small amount of a drug on you, then you cannot face charges for intending to distribute drugs.
How to make sure that you have a solid defense
You have the right to aggressively fight a charge of possessing and intending to distribute drugs. A qualified criminal defense attorney will thoroughly investigate your case and will challenge all evidence believed not to have been collected in a constitutional manner. Your experienced attorney’s ultimate goal is to help you to get your charges reduced or dismissed, or if you go to trial, to achieve the most personally favorable outcome considering the circumstances surrounding your case.