If you are facing criminal charges in California for drug possession with intent to distribute, it is crucial that you understand all of your legal rights and options. Continue reading and consult with an experienced Tehama County drug crimes lawyer today for more information.
What is Possession With Intent to Distribute in CA?
Possession with intent to distribute is the crime of being in possession of controlled substances without a prescription or valid authorization for the purpose of distributing or selling the drugs, generally for profit. California Health and Safety Code 11351 defines a person guilty of possession with intent to distribute as someone who “possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug…”
According to CA HSC 11012, “distribute” means to deliver other than by administering or dispensing a controlled substance. Distributing an illegal drug would involve transferring the substance from one person to another, but the transfer is not directly to the user. Dispensing or selling drugs would involve a transfer to the end user of the substance.
How is Intent to Distribute Proven?
It is important to keep in mind that possession with intent to distribute is a lesser charge than simple possession. To convict you of this crime, the prosecution must be able to show that your possession of the drugs was for more than just personal use. Important factors that can establish possession with intent to distribute include the following.
- Large quantities of drugs involved
- The types of drugs involved
- Possession of scales and other measuring devices
- Possession of packaging materials and other drug paraphernalia
- Possession of significant amounts of cash
- Past criminal record of similar offenses
- Any other materials or circumstances indicating an intention to distribute the drugs
The factors important to your case will vary depending on the circumstances, but any of the above could bolster the prosecution’s case against you and help them establish that you intended to distribute the drugs.
What Are the Penalties for Possession With Intent to Distribute?
As established, possession of illicit drugs with the intent to distribute and turn a profit is a serious criminal offense in California. The penalties and legal consequences associated with a conviction reflect the severity of the crime.
Possession of a controlled substance for the purposes of selling the drugs is considered a felony offense. For a standard first offense this charge is punishable by 2, 3, or 4 years in prison, fines ranging from $20,000 to $500,000, and additional penalties like community service, restitution, probation, and more. Depending on the circumstances of the situation, you could face enhanced penalties.
Reach out to a skilled attorney for legal assistance and representation today.
