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When can people be charged with intent to distribute drugs

On Behalf of | Jul 30, 2021 | Criminal Law

There are many different reasons that people take drugs in Alabama. Much of the time people who take drugs are doing so legally though. People are prescribed drugs for various injuries or illnesses that they suffer. As long as people take the drugs pursuant to a valid prescription there is nothing wrong with it and it is usually helpful. However, if people take drugs without a valid prescription, it is illegal and people could potentially face serious consequences if they are caught.

There are also many different drugs that people take that are never prescribed and do not have any valid medical purposes. In order to obtain these drugs people need to buy them from various people who sell them illegally. While the penalties for simple possession of drugs can be serious, the potential penalties for selling drugs can be even more severe. People charged with selling drugs are not always caught in the act of selling the drugs though.

Factors used to determine intent to sell

In order to prove that people have the intent to sell the drugs, prosecutors simply need to prove that the people possessed a high enough amount of certain drugs. Possessing the following amounts of these drugs could result in possession with the intent to distribute charges, which is a Class B felony.

  • Cocaine – between 8 grams and 28 grams
  • Opiates – between 2 grams and 4 grams
  • Amphetamines and methamphetamines – between 8 grams and 28 grams
  • Fentanyl – between one-half gram and one gram

People possess various amounts of drugs in Alabama. Some will possess enough only for their own personal use while other will possess enough to be charged with the intent to distribute. Being charged with these crimes does not mean that people are automatically guilty of the crime though. People are innocent until proven guilty and there may be defenses available. Experienced attorneys understand these defenses and may be able to help protect one’s rights.