Drug possession is a serious enough issue to warrant criminal prosecution. While some states have modified drug laws to limit the use of resources on prosecuting minor offenses, Florida still routinely pursues drug possession charges against individuals.
In many cases, drug possession can be a felony offense, especially if prosecutors allege that an individual possessed drugs with the intent to distribute them to others. Understanding how possession offense can evolve into a more serious charge related to drug distribution can help defendants to begin planning a strategy for trial.
What factors support possession with intent allegations?
When the state alleges that a person possessed drugs with the intent to distribute or traffic them to others, the claim is essentially that a person did not possess the drugs for personal use. Certain details about the situation can support those assumptions.
Florida state statutes actually include specific thresholds for different drugs. An excessive amount of any one substance could lead to possession with intent charges based on the weight of the drugs alone.
Possessing numerous different types of drugs can also raise questions about claims of personal use. Paraphernalia, including scales and individual packaging, can support allegations of possession with intent. Even the prior record and social network of the defendant can influence the prosecution’s case.
Those accused of drug offenses related to distribution or trafficking, instead of simple possession for personal use, are at risk of lengthy prison sentences and lifelong criminal records. Reviewing the state’s allegations with a criminal defense attorney can help those accused of possession with intent to challenge the assertion that they planned to distribute drugs to others.
