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Possession with intent to distribute includes 2 elements

Drug charges come in a variety of types. Each specific charge has certain elements that must be present in order for the case to move forward. One type of drug charge that some people will face is possession with the intent to distribute.

Possession with the intent to distribute is a crime that has to have two distinct elements. A person must be in possession of the drug in question. There must have been something that would lead a person to believe that the drugs were intended for distribution.

One important point about a possession with intent to distribute charge is that there must be more drugs in the person's possession than what would be classified as an amount for individual use. This means that a person who has a small quantity of drugs in his or her possession wouldn't face this charge.

Another important thing to know is that you can't face a possession with the intent to distribute charge if you honestly didn't know that the drugs were there. In some cases, the possession element of this charge is met if the person should have known that the drugs were there. This is a much easier standard to meet since the prosecution doesn't have to show that the person actually knew about the drugs.

If you are facing possession with the intent to distribute, you should make sure that you understand the penalties you are facing. You should also learn about the defense options that you might have for your case. This can help you decide how you are going to answer the charges and come up with a defense strategy.

Source: FindLaw, "Possession with the Intent to Distribute," accessed May 19, 2017

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