State law makes it illegal to possess any amount of prohibited substances. It is also illegal to possess improperly-sourced medication or prescribed drugs for which an individual does not have a doctor’s recommendation. Frequently, those arrested on drug possession charges expect to face simple possession.
They think they may face a misdemeanor criminal charge, only to have the state arraign them for a more serious felony offense. In some circumstances, police officers and prosecutors may insist that a defendant did not possess drugs for personal use but instead possessed them with the intent of trafficking them or distributing them to others.
Possession with intent is typically a felony. Anyone with a felony conviction faces harsher penalties and a more concerning criminal record than those convicted of misdemeanor offenses. How does the state decide if the offense was possession or possession with intent?
Reviewing details about the drugs
Several factors about the drugs that police officers found may lead to them assuming that the defendant possessed them for distribution to others rather than personal use. Having a high amount of any particular substance can make claims of personal use seem dubious.
People caught in possession of multiple different types of drugs may also face enhanced scrutiny, as many people use one drug regularly. Other factors, such as the packaging of the drugs or the presence of certain adulterants, may also make the state assume that an individual intended to sell the drugs to others.
Analyzing personal history and connections
Perhaps the defendant has had several brushes with the law in the past. Maybe they already have a conviction for trafficking on their record, or perhaps they avoided charges but were suspected of drug activity previously. Their prior encounters with law enforcement could influence what the state believes they intend to do with the drugs in their possession.
The defendant’s behavior on social media could also raise questions about their intent. Jokes about drug dealers or memes referencing popular movies and television shows that feature trafficking could strengthen allegations of possession with intent.
Their social connections in the real world could also make the state more suspicious of their intentions. Close friendships are romantic ties to known drug traffickers could increase the likelihood of the state assuming the worst about a drug defendant.
Learning more about what separates different types of drug crimes from each other and help those analyzing their pending charges and planning a defense. With the right support, those facing felony charges can defend against the charges they face and avoid a life-altering felony conviction.