What Constitutes “Intent to Distribute” Drugs?

The severity of drug charges will depend on the type of substance, quantity in your possession, and your criminal history. For the prosecution to convict you, they must prove that you possessed the drugs and that you intended to distribute them. Although this is a high burden to meet, a certain quantity in your possession, combined with other evidence from your arrest, could lead to a possession with intent to distribute (PWID) charge. If you or a loved one has recently been accused of PWID, our South Carolina drug crimes defense trial attorney is eager to assist you.

You Had Actual or Constructive Possession of the Drugs

To be charged with PWID, the State must prove that you had actual or constructive possession of the controlled substance. Actual possession implies that the drugs were contained on your person, while constructive possession means that you had dominion over the drugs. For instance, a substance that is found in your glove compartment or other place that you have access to is considered possession.

Exceeding a Threshold Weight

Sometimes exceeding a certain quantity of a controlled substance will suggest that a person intended on selling or distributing the drugs. This will vary based on the drug. Classification for South Carolina’s controlled substance schedule is based on the addictive nature of a substance as well as its medical purpose. Schedule I drugs have a high potential for abuse and no accepted medical use, while Schedule V drugs have the lowest potential for abuse and an established medical use.

Evidence That You Intended on Dispensing or Selling the Drugs

However, quantity alone is unlikely to trigger a PWID charge under South Carolina law. Police will also look for paraphernalia such as baggies or scales that suggest an intent to distribute. Any items indicating that you were planning to break down larger quantities into smaller packaging will be used against you, as will items found in the immediate proximity of the controlled substance. Even larger quantities may trigger a trafficking charge rather than PWID. The type of illicit substance will dictate what amount triggers each charge.

Protecting Your Future

Unfortunately, a drug conviction comes with more than jail time and paying fines. Even after your sentence is completed, you will have a criminal record that will appear any time a background check is performed. This can create serious obstacles to finding work, renting an apartment, and other aspects of daily life. In some circumstances, a drug conviction may also affect family court matters, including custody and visitation arrangements, depending on the specifics of your situation.

At the Law Office of Mo Abusaft, our South Carolina drug crimes defense trial lawyer will question the evidence the prosecution has against you to challenge the “intent to distribute” charge. This will vary on a case-by-case basis, but may involve challenging the legality of a search or whether or not the drugs belonged to you. Finding the best approach for a successful outcome is why you need our defense lawyer by your side.

Speak with Our South Carolina Drug Crimes Defense Trial Attorney

An intent to distribute charge can be devastating, destroying your professional and personal ambitions. At the Law Office of Mo Abusaft, our main mission is to seek justice for individuals accused of breaking the law. To discuss your matter with our South Carolina drug crimes defense trial lawyer, our office can be reached online or by phone at (864) 406-8941.