If the police catch you with a prohibited drug or a controlled substance for which you do not have a prescription, they will usually charge you with possession. However, in certain circumstances, you might face more serious criminal charges, such as possession with intent to sell.
The penalties for this charge are much closer to the penalties for trafficking or drug sales. What might lead you to face possession with intent charges?
Items in your possession
Some of the everyday items that police find in your possession might make them suspect you of being a drug dealer. While you need a scale to make sure you receive what you paid for during a drug transaction, the police may point to a digital scale or even a postage scale as evidence of drug transactions. Additionally, items like baggies or even individual plastic straws could seem like individual packaging for different drugs.
Your previous criminal record
If you have previously faced criminal charges for distribution or similar offenses, a police officer arresting you might just assume that the drugs this time are for distribution and not personal use. If you have serious drug charges in your background, you’re more likely to face serious charges this time.
The amount of drugs you have
Someone who has used the same substance for years will have a higher tolerance than others, meaning they need to use more of the substance for the same effect.
Although you may know that everything in your possession was for personal use, having a significant amount of drugs could make police officers suspect you intended to sell them to others. That’s particularly true if you have a large number of different drugs.
Understanding serious drug charges can help you start planning to defend against those charges.