In Colorado, laws regarding controlled substances are strictly enforced. One of the more serious drug offenses is possession with intent to distribute. Unlike simple possession, which involves having illegal drugs for personal use, possession with intent to distribute suggests that the individual plans to sell or otherwise distribute the drugs.
The consequences for being convicted of this crime can be severe, depending on the circumstances. Knowing what constitutes possession with intent to distribute, the legal process, and the potential defenses is crucial for anyone facing these charges. The Law Office of Christopher H. Cessna in Arvada, Colorado is here to help in your criminal defense.
What Is Possession With Intent to Distribute?
Possession with intent to distribute is a charge that involves possessing illegal drugs with the purpose of selling, distributing, or otherwise providing them to others. This crime can apply to various controlled substances, including marijuana, cocaine, heroin, methamphetamine, and prescription drugs.
While Colorado has made significant progress in legalizing marijuana, possession with intent to distribute still remains a serious offense under state law, particularly if the quantity involved exceeds personal use levels.
To be charged with possession with intent to distribute, law enforcement must demonstrate that the person not only had drugs but also intended to sell or distribute them. This is different from simple possession, where the focus is on the quantity and the individual's ability to prove the drugs were meant for personal use.
The evidence for intent may come from a variety of sources, such as:
The amount of drugs found: A large quantity of drugs, especially in individual packages, suggests that the individual intended to sell or distribute them.
Paraphernalia associated with distribution: Items like baggies, containers, or cutting agents may indicate that the individual was preparing drugs for sale.
Statements made by the individual at the time of arrest: Admissions or remarks made during questioning or arrest that refer to selling or distributing drugs can strengthen the case for intent.
The evidence and type of substance can impact the drug offense you’ll face.
The Statutory Definitions in Colorado
Under Colorado law, possession with intent to distribute falls under the broader category of drug offenses. The specific statute that applies to possession with intent to distribute varies depending on the type of controlled substance involved.
For example, possession with intent to distribute marijuana is governed by different laws than possession with intent to distribute methamphetamine or heroin.
Drug distribution laws in Colorado are broken down into various levels of severity, depending on the type and amount of the substance involved. For instance, distributing a Schedule I or II drug (such as heroin or methamphetamine) is treated more severely than distributing a Schedule IV or V drug (such as certain prescription medications).
The penalties for possession with intent to distribute can range from a few years in prison to life imprisonment, depending on the circumstances and the type of drug involved. Your actions with the substances also impact your charges.
Determining Intent to Distribute
A critical part of a possession with intent to distribute charge is proving intent. Law enforcement officers may base their judgment on factors such as the amount of drugs found, packaging materials, and even statements made during an arrest.
For instance, if a person has a large quantity of a drug that exceeds what would be considered for personal use, it may suggest they intended to distribute it. Additionally, if the drugs are found in small bags or other packaging that indicates they're meant for resale, this can strengthen the case against the individual.
Other indicators of intent to distribute include:
The presence of scales: This may suggest the individual is measuring controlled substances for sale or distribution.
Large amounts of cash: This could indicate the proceeds from illegal drug sales, as larger sums of cash are often associated with drug transactions.
Communications suggesting that a transaction or distribution is taking place: Text messages, emails, or phone calls arranging exchanges or confirming sales may further point to the intent to distribute.
While these factors may contribute to the charges, the prosecution must still meet a high burden of proof.
It's not enough to show that a person merely had drugs in their possession; the prosecution must demonstrate that the person intended to distribute the drugs. This is where an experienced criminal defense can play a pivotal role in challenging the evidence or providing alternative explanations for the person's behavior.
Penalties for Possession With Intent to Distribute in Colorado
The penalties for possession with intent to distribute in Colorado depend largely on the type and amount of drug involved. For example, a charge involving marijuana can be treated differently than one involving heroin.
Generally, the more severe the drug, the harsher the penalties. Possession with intent to distribute a Schedule I or II substance, such as heroin or methamphetamine, can result in long prison sentences, sometimes even life in prison if certain aggravating factors are present.
In Colorado, drug offenses are classified into different degrees, ranging from misdemeanors to felonies. The degree of the charge typically depends on the amount of the drug and whether the distribution took place near a school or involved minors.
For example, a conviction for possessing and intending to distribute marijuana might result in a sentence of 18 months to six years, depending on the amount of marijuana involved and other factors. On the other hand, distributing heroin or methamphetamine can lead to a much longer sentence, ranging from 8 to 32 years for a conviction.
In addition to prison time, fines can also be imposed. Fines can range from several thousand to hundreds of thousands of dollars, depending on the severity of the offense. Individuals may also face difficulties in obtaining employment or housing, and the social stigma of a drug conviction can be lasting.
Possible Defenses Against Possession With Intent to Distribute Charges
There are several defenses that a criminal defense attorney might raise when defending a client against possession with intent to distribute charges. One common defense is the lack of intent to distribute.
If the defendant wasn't planning to sell or distribute the drugs, a criminal defense attorney can argue that the person had the drugs for personal use. This defense can be particularly strong if the amount of drugs is small and there's no evidence of packaging or distribution-related paraphernalia.
Another defense involves the Fourth Amendment right against illegal searches and seizures. If law enforcement officers didn't have a valid warrant or probable cause to search the person or their property, the evidence obtained could be ruled inadmissible in court. If this happens, the prosecution may be forced to drop the charges.
Additionally, in some cases, the defendant may argue that they were unaware of the drugs or that the drugs belonged to someone else. If the defendant can show that they weren't in control of the drugs or had no knowledge of their presence, they may be able to avoid a conviction.
Finally, some cases involve entrapment, where law enforcement officers may have induced the defendant to commit a crime they otherwise wouldn't have. If this defense is successful, it can result in a dismissal of the charges.
Enlist an Experienced Criminal Defense Attorney
It’s important to act quickly and seek the help of a criminal defense attorney if charged with this crime, as the potential consequences are severe, and the right defense can make all the difference. The Law Office of Christopher H. Cessa serves clients throughout Arvada, Denver, and the surrounding areas, including Lakewood, Wheat Ridge, Berkley, Westminster, Sherrelwood, Aurora, and beyond. Call Attorney Christopher H. Cessna today.
