Possession Vs Intent to Distribute

[AirManLuke]

California Criminal Law

In court, facing sentencing, what would separate a person arrested for illegal narcotics, say heroin, from facing a Possession of an Illegal Narcotic charge to an Intent to Distribute charge?? Is it the amount? Or the circumstances from which they were caught with it (drug dealing, fixing)? What separates the two charges, or can a person be guilty of both???

just curious, thanks for the advice

-lukeWhat is the name of your state (only U.S. law)?

[FlyingRon]

You can be charged with both.
To show the "with intent to distribute" needs to show that they had given the drugs to someone else, or had some implied intent (large quantities, provision for dividing the lot up into smaller groups, scales, etc...).

[CdwJava]

California Criminal Law

In court, facing sentencing, what would separate a person arrested for illegal narcotics, say heroin, from facing a Possession of an Illegal Narcotic charge to an Intent to Distribute charge?? Is it the amount? Or the circumstances from which they were caught with it (drug dealing, fixing)? What separates the two charges, or can a person be guilty of both???

just curious, thanks for the advice

-lukeWhat is the name of your state (only U.S. law)?

A person CAN be charged with both. The distribution charge can be made by statements, possession of weighing, cutting or packaging materials, pay-owe sheets, witness testimony, packaging, money, etc. Distribution is not eligible for Prop 36 deferral so most first time low-level distribution charges are often pled down to possession if the defendant is willing.

- Carl