Learning the Difference: Intent and Delivery of Controlled Substances
All the “drug” cases are not identical and neither are the charges that can fall upon one when charged of delivery of controlled substances. Misdemeanor drug scenarios, although major, are much less significant than felony drug situations. Drug distribution– that is generally an exchange of a dangerous drug, such as marijuana, cocaine, or heroin, from an individual to another one– is classed as a felony related to drug offenses associated with “drug dealing.”
This is distinct with “intent to deliver,” which suggests that the charged individual had an amount of the controlled substance that they meant to sell and spread to others. “Delivery of controlled substances” occurs during the sale. It does not concern what amount of cash, or what type of money is included. So long as an exchange has been obtained, you can be charged with delivery of controlled substances and the seriousness of the punishments for this type of felony will depend upon the kind of drug, the weight or quantity of the drug and the individual’s previous criminal convictions.
Turning Possession Into Delivery of Controlled Substances
When absolutely no acquisition of controlled substances has taken place, the prosecutor may use an array of proof to setup the intent to move an abused substance arising from a possession charge. The prosecutor also can validate an intent to distribute charge although no money was traded and the drugs were not really delivered. While these charges are typically based upon the amount of the drug in someone’s possession, the drug offense may also be established based upon drug paraphernalia suggesting an intent to sell the drugs, like possession of common cutting tools and baggies or balloons.
Due to the fact that these form of regular household items do not prove unlawful actions, they are commonly offered as proof or evidence together with the quantity and quality of narcotics in a person’s possession. Normally, the possession portion of the charge is based upon the production of valid proof while the intent to deliver portion of the charge is most typically proven based on inconclusive evidence, like the way the drugs are packaged or recovery of considerable amounts of cash.
Delivery of Controlled Substances Defense
The category of a felony is oftentimes determined with the total weight or quantity of the drug that are in the individual’s things or were delivered. For instance, a possession with the intent to deliver less than 25 grams of marijuana in Kansas is a felony with a prison term of 14 months probation – 51 years and a maximum fine of $300,000. The amount of seized marijuana and or the proximity to a school zone when arrested will also greatly increase the fines and penalties. Another factor the could lead to harsher sentences would be the person’s record or prior convictions for drug charges.
The possibility of jail time can be high for these kinds of offenses. That is why getting in touch with a skilled law firm is important. With no proper representation, your rights may be disregarded and your trial outcome will not be in your favor.