Sometimes, drug possession and possession with intent to sell are mixed up. Possession and intent to sell are very different crimes you could be charged with. But what dictates the differences between the two? Typically in cases of possession, somebody is charged because they are in possession of a drug and, because of the small quantity, it appears as if they were using it for themselves. In Intent to Sell cases, one is charged because the large quantity makes it appear as if you are intending to sell it to others to make money. So, if you were caught with a large amount of oxycodone to treat yourself for months or years, it could be seen as intent to sell even if that isn’t what you intended.
Are Intent to Distribute and Possession with Intent to Distribute Different?
Kind of, but they also go hand in hand. In intent to distribute, you will of course be charged if you have a large amount of drugs that you are obviously selling to somebody else. In possession with intent to distribute crimes, both the possession and intent to distribute elements must be met at the time of your arrest. The difference is that, in normal intent cases, you may not actually have the drugs in your possession – you may be working through another party.
What Penalties Should I Expect?
Federal sentencing guidelines come into play when possession with intent to distribute occurs. This means that a second hearing for sentencing is held after you have officially been convicted of the crime. The federal judge in the case will determine the sentence and determine if there are aggravating factors involved in the case. You may spend some time in prison and pay hefty fines for your crime, which is why you should have an experienced defense attorney on your side. We can help you in your time of need if you have been charged with possession with intent to sell.