Drug Possession for Sale

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Under federal law, the possession of a controlled substance with the intent to distribute, or sell, the

substance is illegal. To show that a defendant is guilty of drug possession with the intent to distribute, a

prosecutor must prove the offender guilty of possession, intent to distribute, and possession with the

intent to distribute.

Drug Possession

drug possession for sale

Drug possession is not only defined as the act of holding illegal drugs on your person, such as in your

hands. Rather, it can also mean that the controlled substance is within that person’s control. It also has to

be proven that the defendant was knowledgeable of possession illegal drugs, or having them in their


Intent to Distribute

The government must prove what the person possessing the drugs was planning, or intending, to do with

the drugs. This has to be proven with surrounding circumstances, such as the defendant was holding an

amount too large to be for considered for personal use. Other indications of the intent to sell could be the

simultaneous possession of drug paraphernalia, packaging materials, or large amounts of money.

Possession with Intent to Distribute

The crime of possession with the intent to distribute has not occurred unless both the possession and the

intent to distribute elements have occurred at the same time.

State and Federal Penalties

The fines and length of imprisonment vary widely depending upon which controlled substance was

involved and whether the person convicted has a prior history of crime.

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