How Do Authorities Establish an Intent to Distribute Marijuana in North Carolina?

If you were caught with marijuana in North Carolina, you may be facing heightened penalties due to an “intent to distribute.” Many people do not realize that prosecutors can pursue these charges even if there is no evidence that you ever sold or gave cannabis to other people. So how exactly do the authorities establish this “intent to distribute?” This is a question you might want to explore alongside a North Carolina marijuana defense attorney. 

What Is “Intent to Distribute” in North Carolina?

“Intent to distribute” is a more serious drug offense compared to “simple possession.” While you might face relatively light penalties for marijuana used for “personal supply,” higher penalties apply to defendants who distribute cannabis to other people. This might include selling, giving away, or trading marijuana. 

The penalties for “intent to distribute” marijuana are much more severe than those for simple possession. Defendants can expect months or years in prison for this offense and Class I felony charges. 

Note that you can face Class I felony charges even if you were caught with 1.5 ounces of marijuana. This is a relatively small quantity by many standards, and one could reasonably obtain this amount for personal use only. As a result, it might be prudent for users to avoid carrying more than 1.5 ounces at any given time to avoid potential felony charges. 

A Certain Amount Can Lead to an “Implied” Intent to Sell

If the authorities catch you with a certain amount, they may assume that you intended to distribute the marijuana. For example, possession of 10 pounds of cannabis can lead to much more serious trafficking charges in North Carolina. Prosecutors can simply assume that you were trafficking, even if there is no evidence that you ever distributed any of your cannabis. 

Authorities can also assume you intended to sell by using other evidence aside from the quantity of your substances. They may point to certain drug paraphernalia in your possession, such as scales, baggies, and processing equipment typically used by dealers. They might also point to text messages and other communications that suggest meetups or transactions in the past. 

Your defense attorney can challenge this evidence in various ways. For example, they might establish that the initial search was unconstitutional. They might also show that the drug paraphernalia was for personal use rather than distribution. Speak with an experienced possession defense attorney to learn more about these possibilities. 

Can a North Carolina Defense Attorney Help With Intent to Distribute Charges?

Although intent to distribute represents more serious penalties than “simple possession” charges, these penalties are not guaranteed. If you face these charges, consider working with a marijuana defense attorney in North Carolina to push back effectively. Your lawyer may be able to establish that there was never any intent to distribute, thereby reducing your charges to simple possession. To learn more, contact Coastal South Law today.