Knowing the Difference: Intent and Delivery of Controlled Substances. Understanding the Distinction: Intent and Distribution of Controlled Substances. All "drug" cases are not equal, and neither are the penalties that can befall one when arrested for distribution of controlled substances. Misdemeanor drug cases, while serious, are less serious than felony drug cases. Drug distribution-- that is simply an exchange of a controlled substance, like marijuana, heroin, or cocaine, from one person to another-- is graded as a felony connected with drug offenses connected with "drug dealing."
"Delivery of controlled substances " occurs during the sale. As long as an exchange has been made, you can be charged with delivery of controlled substances and the severity of the penalties for this kind of felony will depend on the type of drug, the weight or amount of the person and the drug's prior criminal convictions.
Read more:Possession with Intent to Deliver Turning Intent and Delivery of Controlled Substances. If no sale of drugs has taken place, the prosecutor may use a variety of forms of evidence to establish the intent to transfer a illegal drug arising from a possession charge. The prosecutor also can prove intent to deliver charge although no money was exchanged and the drugs were never actually delivered. While these charges are often based on the quantity of the drug in one's possession, the drug offense may also be established based on drug paraphernalia suggesting an intent to sell the drugs, such as postal scales, possession of common cutting agents and baggies or balloons.
Because these kinds of ordinary household items do not establish criminal behavior taken in isolation, they are often offered as evidence along with the quality of narcotic in a person's possession. Usually, the possession part of the charge is according to the production of factual evidence while the intent to deliver portion of the charge is most typically proven based on inconclusive evidence, such as the way the drugs are packaged or recovery of substantial amounts of cash. Delivery of Controlled Substances Defense The classification of a felony is often determined by the number of grams of the drug that is in the person's possession or were delivered. Possession with the intent to deliver marijuana is a Class III felony that carries 1-20 years in prison and up to a $10,000 fine.
The likelihood of prison time can be high for these kinds of offenses. That is why calling an experienced firm, like Stockmann Law, is imperative. Without proper representation, your rights may be ignored and your trial outcome bleak.