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Drug related crimes are serious offenses in New Jersey and can lead to significant legal consequences. Understanding the legal definitions and regulations surrounding drug offenses is crucial in protecting your rights and options. To learn more about what constitutes possession with intent to distribute and obtain skilled representation during your case, reach out to a Mercer County drug crime lawyer today.
What Constitutes Possession With Intent to Distribute in NJ?
According to NJ Statute 2C:35-5, it is unlawful for any person to knowingly or purposefully take part in the following.
- “To manufacture, distribute or dispense, or to possess or have under his control with intent to manufacture, distribute or dispense, a controlled dangerous substance or controlled substance analog; or
- To create, distribute, or possess or have under his control with intent to distribute, a counterfeit controlled dangerous substance.”
In simpler terms, possession with intent to distribute refers to the illegal possession of a drug whose manufacturing, distribution, and use is regulated by the government for the purpose of selling, distributing, or dispensing the substance.
There are several elements that must be present and true in order for you to be guilty of possession with intent to distribute. First of all, you must have had actual or constructive possession of the drug involved. This means that you had it physically on your person or you had knowledge of it and the ability to exercise control over the substance.
The other important element is the intention to distribute the drug. If you have possession of a controlled substance, it is still illegal, but it does not automatically mean you had plans to sell the drug. There must have been circumstances that suggested you intended to distribute the substance.
What Factors Suggest an Intent to Distribute?
If you were caught in possession of a controlled substance, the following factors could make a police officer or other law enforcement agent believe that you intended to sell or distribute the drugs.
- Quantity: Large quantities generally point to an intent to distribute. If the drugs were for your personal use, you would likely only have small amounts at a time.
- Packaging: The container the drugs were found in could suggest that you were going to sell or distribute the substances. If you are found not only with the drugs but also with small baggies, vials, or plastic bricks of the illegal substance, it is a good indicator that you had plans to sell.
- Paraphernalia: Additional drug paraphernalia could also lead people to believe you had the intent to distribute. This can include scales, pipes, or any other equipment or products designed to produce, conceal, or consume illegal drugs.
In addition to these factors, if you have a prior criminal history of related offenses, it could also be used as evidence against you and prove that you intended to distribute the substances. The penalties for possession with intent to distribute can be severe so it is imperative that you are adequately represented and apprised of your rights. Reach out to an experienced attorney today for more information.
