Possession with Intent to Distribute
Distribution, possession with intent to distribute, and the manufacturing of any drug including meth labs, all fall under one of two statutes, although the potential penalties will differ depending on the drug involved.
A charge of possession with intent to distribute is initially based on the weight. Typically, if there is greater than one gram of cocaine or one ounce of marijuana found, you will be charged with possession with intent to distribute instead of simple possession.
In order to convict a person of possession with intent to distribute, the State must prove intent to distribute. In addition to the weight of the drug, this can be shown by other circumstantial evidence such as the presence of baggies, the packaging of the drug, statements made by the Defendant, or conversations that may have been recorded. The difference in potential penalties between simple possession and possession with intent are significant.
At a jury trial, if the prosecution proves possession but not intent to distribute, the jury can find you guilty of the lesser included offense of simple possession. Or, when confronted with a lack of evidence proving intent, sometimes prosecutors will reduce the charge to simple possession. If you are charged with possession with intent to distribute or a similar drug charge, call our Myrtle Beach office at 843-444-6122 or contact us online to see if we can help.