Possession of drugs with the intention of distributing or selling them is illegal under a large number of state and federal laws. The potential penalties will vary according to the type and quantity of drug involved and the circumstances of the case.

What Does Possession with Intent to Distribute Mean?

It is illegal to possess a controlled substance with the intention to sell or distribute the drugs. State laws largely follow the Federal Controlled Substances Act, which regulates the distribution and dispensing of controlled substances. In some states, the term “possession with intent to distribute” applies strictly to marijuana. In other states, the term is used in regard to all controlled substances or to those controlled substances in particular categories. A conviction will often result in a jail or prison sentence, in addition to fines and other penalties.

Possession v. Possession with Intent to Distribute:

There is a significant difference between a conviction for simple possession and possession with intent to distribute drugs. In those states (14) where marijuana has been decriminalized, if the possessor has an amount that does not exceed the legal limit and is not engaged in any activities involving distribution, there is (generally) no legal basis for a charge of any kind because the individual has not violated any laws. If the individual has been accused of possession with intent to distribute and evidence supports the allegation of distribution, s/he may face significant penalties, including incarceration and fines.

In many jurisdictions a person can be charged with and convicted of possession with intent to distribute simply by possessing and/or transporting a significant quantity of drugs. In order to prove possession with intent to distribute in these cases, it is generally not necessary to show evidence that the accused was involved in distribution – the large quantity of drugs will be used as evidence of this. In other words, if the amount involved is considered more than just a personal amount, the prosecution will build a case of possession with intent to distribute based on the quantity.

Whether a Person Can Be Criminally Charged with Possession with Intent to Distribute Marijuana in States That Have Decriminalized Possession – Massachusetts Example:

Approximately 14 states have decriminalized marijuana possession. The question arises whether an individual can be convicted of possession with intent to distribute if the amount of marijuana involved is less than an ounce (the amount permitted for personal possession in Massachusetts). In a recent Massachusetts case, Commonwealth v. Keefner, the Massachusetts Supreme Court held that an individual can be charged and convicted for possession with intent to distribute (marijuana) no matter how small the amount of marijuana involved. The court reasoned that it was not the intent of the voters or the legislators to legalize distribution.

Defenses to Possession with Intent to Distribute:

There are various defenses that an attorney may utilize to convince the jury that the defendant was not distributing drugs. The defense may claim that the defendant was not aware of the presence of the drugs. If a person is in a house or a car and does not have knowledge of the drugs, s/he cannot be guilty of “intentional” possession or intending to distribute. The party does not have control over the drugs if they do not have knowledge of it.

Penalties for Possession with Intent to Distribute:

Penalties vary greatly according to federal or state statute and the amount of drugs involved, as well as the history of the defendant. A Schedule 1 drug, such as heroin or cocaine, may be punishable:

• Prison: 5 to 30 years
• Fines: $500  - $1 million or more, depending on quantity, circumstances
• Permanent criminal record
• Parole/supervised release
• Post-release sanctions including drug testing and monitoring

Maryland Marijuana Penalties

Controlled Substances Act