A drug offense distinct from simple possession, requiring proof, beyond mere possession of a controlled substance, that the defendant intended to sell, deliver or otherwise distribute it rather than hold it solely for personal use. Under United States federal law and the law of most individual states, prosecutors typically establish this intent circumstantially, from evidence including a quantity of the substance well beyond what is consistent with personal use, the presence of packaging materials, scales or ledgers, a large amount of cash, or multiple cell phones, rather than from a direct admission by the defendant. The distinction carries substantial legal weight: simple possession is generally charged as a misdemeanor or lower-level felony in most jurisdictions, while possession with intent to distribute is charged as a more serious felony, often carrying a mandatory minimum sentence tied to the quantity and type of substance involved.
Facts
Partially Attested
Typical PenaltyImprisonment of not more than 20 years for a Schedule I or II substance under 21 U.S.C. 841(b)(1)(C) 1 Maximum term is for a Schedule I or II substance under 21 U.S.C. 841(b)(1)(C); penalties differ by drug type and quantity. Classification Code Elements of OffensePossessing with intent to manufacture, distribute, or dispense a controlled substance 1 Classification
Offense GradeSerious or Indictable Offense 1 Connections
Sources
1. 21 U.S. Code 841, Prohibited acts A (LII)
Section title
21 U.S. Code § 841 - Prohibited acts A
Subsection (b)(1)(C)
not more than 20 years
Subsection (a)
possess with intent to manufacture, distribute, or dispense, a controlled substance
View the Sourcelegislation.gov.uk (The National Archives): Misuse of Drugs Act 1971, section 5
legislation.gov.uk (The National Archives)In Group: Drug Trafficking, Smuggling and Distribution, Section textQuote, In Group: Drug Trafficking, Smuggling and Distribution, Section text
Subject to section 28 of this Act, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4(1) of this Act.
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