A person who is found with drugs on their person or in their vehicle can be arrested and charged with either possession of drugs or of possession with the intent to distribute. Depending on the drugs that were found and whether there is reasonable belief they intended to sell the drugs, the person could face a significant amount of time in jail. It’s important for a person to understand how the courts determine intent to sell.
Intent to Sell Drugs
A person who is found with drugs can be charged just with possession of the drugs or with possession with the intent to sell. The charge of possession with intent to sell has more severe penalties, including a longer amount of time in jail. To prove the person is guilty of this, the prosecution would need to show they had the ability to sell the drugs or that it looked like they wanted to sell drugs. This can be based on other objects found during the search or the amount of drugs found.
Intent to Sell Based on Other Objects
A person who has baggies or scales with the drugs will likely face intent to sell charges. These items are typically used to split the drugs into smaller increments to make them easier to sell. A person can also be charged with intent to sell if they have a small amount of drugs on them but a significant amount of cash. In this case, the presumption might be that the person received the cash from selling drugs and, therefore, only has a small amount left.
Intent to Sell Based on Quantity
If a person is caught with a significant amount of drugs on them, they could be charged with intent to sell based on the large quantity alone. The quantity to determine an intent to sell depends on the type of drug. For instance, 10 grams of heroin, 30 tabs of ecstasy or 25 pounds of marijuana could show an intent to sell and the person would be charged accordingly.
If you’ve been arrested because of drugs, make sure you speak with a criminal defense attorney as quickly as possible to get help with these charges. You may be facing a significant amount of time in jail. Visit http://tulsa-criminallawyers.com/tulsa-criminal-defense/drug-charges-tulsa-drug-charge-lawyers now to learn more.