Frequently the State charges a client with possession with intent to distribute a drug. The client may have possessed scales, packaging equipment-sandwich bags, and some amount of an illegal or controlled drug. In other cases, the intent to distribute can stem from the weight of the drug found.
Clients often recount that the drugs were just to share, “I didn’t sell” the drugs or make any money. Under the law, distribution does not require payment. Imagine you buy a large bag of Halloween candy. You take the candy to a friend’s party and place it in bowl for everyone to share. That, my friends, is possession with intent to distribute Halloween candy. Giving away an item means that you are distributing the item whether you profit or not. Under the law, taking an amount of drugs to share with others constitutes possession with intent to distribute.
In drugs cases, the law provides many ways to challenge the charges. Understand that “I shared but I didn’t make any money” isn’t one of the challenges.
© 2016 Nancee Tomlinson