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What To Do If You Were Charged with Possession with Intent to Distribute Marijuana?
June 20th, 2024
There is a significant difference between being charged with possession of illegal drugs for personal use and being charged with possession of drugs with intent to distribute them. Under Wyoming law, drug trafficking, also known as possession with intent to distribute, is a felony punishable by hefty fines and years in prison.
If you are under investigation or have been charged with possession of marijuana with intent to distribute, you should hire a lawyer as soon as possible. The criminal defense team at Just Criminal Law stands ready to investigate the charges against you and mount a vigorous defense.
Founding attorney Christina L. Williams, a former prosecuting attorney in Campbell County, Wyoming, has assembled a team of expert criminal defense professionals who vigorously defend our clients against the most serious drug crimes. We will work together to investigate the charges against you and prepare a compelling defense strategy to achieve optimal results.
To learn more, contact Just Criminal Law today to schedule your personalized case review and strategy session.
Understanding the Crime of Possession with Intent to Distribute
To fully understand the crime of possession with intent to distribute, it is helpful to analyze the charges in two discrete parts.
Possession of Marijuana
To prove someone guilty of possession with intent, the prosecutor must first establish that you were knowingly in possession of marijuana.
Marijuana is a Schedule I controlled substance, meaning it has a high potential for abuse and no currently accepted use for medical treatment in the United States. Even though some states have legalized marijuana for medical and even recreational use, marijuana remains illegal in Wyoming.
To prove possession, the police must prove that the drugs were yours. They can prove actual possession if the drugs were found on your person, such as in a pocket. Police can also try to establish constructive possession, meaning the drugs were within your control, such as if the drugs were in your home or vehicle.
Intent to Distribute
To prove intent to distribute, law enforcement will look for evidence that you intended to sell the drugs. The prosecutor will likely point to circumstantial evidence such as a large amount of drugs in your possession, items that could be used to weigh and package drugs for sale, communications with potential customers, or people frequently coming and going from your residence.
Defenses to Charges of Possession with Intent to Distribute Marijuana
To defend against charges of possession with intent to distribute marijuana, our defense team will attack both the possession element and the claim that you intended to distribute the drugs.
Lack of Possession
We will begin by challenging whether you were in possession of marijuana. Common defenses to charges of possession of marijuana include:
- The drugs were not yours
- Unknowing possession
- Problems with the chain of custody
- Unlawful search and seizure
- Errors in the crime lab analysis
Successfully challenging whether you were in possession of marijuana can lead to dismissal of your case or a significant reduction in the severity of the penalties you face.
No Intent to Distribute
Our defense will also address the allegation that you intended to sell or distribute marijuana. Each case is unique, and we will tailor our defense to your specific situation. However, in cases of possession with intent to distribute marijuana, we typically challenge whether possession of baggies, people coming and going from your residence, and communications with potential customers are sufficient to justify charges of possession with intent to distribute.
Former Prosecutors Defend People Charge with Possession with Intent to Distribute Marijuana
Criminal charges for possession with intent to distribute marijuana are serious, and you need expert legal representation.
The criminal defense team at Just Criminal Law has extensive experience handling Wyoming drug crime charges. Our lawyers are former prosecutors, and our criminal investigator worked for the Campbell County Sheriff's Office for over 20 years before joining our team.
To put our expertise to work for you, contact the criminal defense team at Just Criminal Law today.
DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.