Quick Answer: What Determines Intent To Distribute?

What is conspiracy to distribute a controlled substance?

… for any person knowingly or intentionally (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance..

What amount of drugs is a felony?

Less than 1 gram: a state jail felony with possible punishment of up to 2 years in jail and a fine of up to $10,000. 1-4 grams: a 2nd degree felony with possible punishment of 2-20 years and fine of up to $10,000. 4-200 grams: a 1st degree felony with a possible punishment of 5-99 years and up to a $10,000 fine.

Can you get probation for a felony drug charge?

Therefore, it is unlikely that you would receive probation for a felony drug charge – even if it is your first offense. … Your attorney may be able to negotiate a lesser charge, which then opens the potential for serving probation rather than a mandatory jail sentence.

How many grams is considered personal use?

28.5 gramsPossession for Personal Use Possession of more than 28.5 grams is a misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $500.

What is a distribution drug charge?

As a drug charge, “distribution” usually means that a person is accused of selling, delivering, or providing controlled substances illegally. This charge is often used if someone tries to sell drugs to an undercover officer. Trafficking generally refers to the illegal sale and/or distribution of a controlled substance.

Can you go to jail for controlled substance?

A person caught possessing a controlled substance can be fined and held in prison by local, state, and federal law enforcement.

How long do you stay in jail for felony?

In general, felony offenses, whether state or federal, carry a minimum sentence of one year in prison. Federal felony crimes are divided into classes, with increasing maximum sentences based on the severity of the crime: Class “E” felonies are the least serious and carry penalties of up to three years in prison.

Is selling acid a felony?

Lysergic acid diethylamide (LSD) is Schedule 1 on the California Uniform Controlled Substances Act. LSD is illegal for possession under Health and Safety Code 11377. LSD is illegal for possession for sale under Health and Safety Code 11378.

Is intent to distribute a felony?

California Drug Possession With Intent to Sell Charges California Health and Safety Code 11351 makes it a felony to possess certain controlled substances with intent to sell the controlled substance. Possessing or purchasing a controlled substance or other narcotic drugs with the intent to sell is a felony.

Can you beat a felony charge?

A felony charge can be dropped to a misdemeanor charge through a plea bargain, mistake found by the arresting officer or investigations, or by good behavior if probation was sentenced for the crime. … For example, a Federal crime as serious as terrorism will never be a misdemeanor and therefore cannot be reduced.

Is a Schedule 1 drug a felony?

Felony charges for drug possession often result when a defendant has possessed a particular illegal substance, or any illegal possession of a certain quantity of specified drugs. For example, in most states, possessing any amount of heroin (a Schedule I substance) is a felony.

What happens if you get caught with a controlled substance?

Updated California Health and Safety Code 11350 HS makes it a misdemeanor to be in the unlawful possession of a controlled substance. The maximum sentence is one year in county jail and a fine of up to $1000.00. … The maximum sentence is one year in county jail and a fine of up to $1000.00.

What qualifies as intent to distribute?

Typically, intent to distribute or sell is assumed when a person is holding an amount of a CDS too large for personal use. Other circumstances that may indicate an intent to sell or distribute include: Communications from customers. Large amounts of money.

What is the difference between trafficking and intent to distribute?

Both offenses involve the intent to distribute illegal drugs, but the laws against trafficking specify certain amounts of drugs. The trafficking statute also sets out escalating penalties as the drug amounts increase. The laws on possession with intent to distribute do not specify any minimum quantities.

What does intent to deliver mean?

Felony Intent to Deliver versus Misdemeanor Personal Use The key distinction between a misdemeanor and felony drug possession charge is the person’s intent, meaning did the person possess the drug with the intent to ingest or use it OR did the person possess the drug with the intent to deliver it to someone else.