Possession and possession with intent to distribute are both very similar, but carry very different penalties.
What is Drug Possession?
In the State of Georgia, possession of a controlled substance that is small enough to be used solely for personal use will result in a possession charge. A charge of possession is a misdemeanor offense, but only for marijuana possession when it is under an ounce. Almost all other forms of drug possession are felonies here in Georgia.
But sometimes when a law enforcement officer discovers a controlled substance either on an individual, in a car, or in a personal space, the officer might determine that the amount of the controlled substance isn’t just for personal use, but for distribution.
What is Possession with Intent to Distribute?
If the amount of narcotics found on a person exceeds a reasonable amount for personal consumption, that person will usually be charged with possession with intent to distribute. This means that the police suspect that you aren’t in possession of the drugs to use them yourself, but instead to sell them.
Why would they suspect that I was intending to distribute drugs?
If you have a large amount of the substance, this is a leading indicator. Other indicators are the packaging, if you are carrying a large sum of cash, and if they are found in your car.
Even if the amount of narcotics found on an individual are extremely small, if there is a scale or large amount of cash on a person at the time of arrest, they can be charged with intent to distribute.
There are also many other factors that can lead to a possession with intent to distribute charge. If you are found to have plastic bags that could be used to package a controlled substance or a scale to weigh narcotics, you could also be charged with intent to distribute.
It is important to contact an attorney right away if you are charged with possession, or possession with intent to distribute, as these are both very serious charges here in Decatur, Georgia.
A felony charge can severely affect a person’s life, so it is important to contact an experienced drug crime attorney right away to help you through the legal process.
For more information about drug crimes and how a criminal defense attorney at Pak and McRae Law, LLC can fight for you after you’ve been charged with possession of drugs or possession with intent, please contact our office. We are located in Decatur, Georgia and we fight for individuals throughout the greater Atlanta area.
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