Proving Personal Use Versus Intent To Distribute Marijuana
Being caught with marijuana and marijuana plants in a state where the drug is still illegal can cause some criminal issues. If you have been caught with marijuana, you are likely to either be charged with possession of the drug, or possession with the intent to distribute. The intent to distribute can make a major difference in the case and in the imposed sentence. Here are some ways tips for pleading possession and not distribution with your marijuana defense attorney.
Dispute intent to distribute material
If you are a know marijuana distributor, or if you have materials that point to distribution, law enforcement may decide to charge you with intent to distribute. Some of these materials could be plastic bags that are ordinarily used to separate and sell marijuana or having several different bags of marijuana broken up. If you did not have distribution materials in the same area has the marijuana, you and your lawyer can argue that the evidence toward distribution is circumstantial and attempt to have the charges dropped down. For instance, if you have small plastic bags inside of your kitchen, this is an ordinary item and may be largely circumstantial, unlike plastic bags in the direct area of the marijuana.
Prove that you intended to use
When people are not charged with intent to distribute it is because it is concluded that you planned to personally use the item. If you were found with a small amount of marijuana or a few marijuana plants, admitting that you planned to use them personally may grant you the lesser charge. If you are not previously known to law enforcement for drug dealing and if you admit to personal use, your lawyer may be able to get you a plea deal on the lesser charge.
Plead out if it is your first offense
If you have never been on the radar of law enforcement and you have not been in any legal trouble that may be related to drug use, you and your lawyer should discuss pleading out. Often, first-time offenders with no nefarious backgrounds may be able to plead down their charges and get less time in jail. For some drug possession charges, you may just be charged with a fine and sent to a drug rehabilitation program rather than being sent to jail. Talk with your marijuana defense attorney about the possibility of pleading down to the lesser charge and avoiding jail time.
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