Drug charges become much more serious when authorities believe there was an intent to distribute the substances. Having an intent to distribute means possessing drugs with the purpose of selling, delivering or otherwise transferring them to others.
If you are facing drug charges, proving you had no intent to distribute is extremely important for reducing the potential penalties.
Key differences between possession and intent to distribute
Ohio drug law treats simple possession of drugs less harshly than charges involving intent to distribute. When investigating drug violations, authorities look for signs of distribution. These include large amounts of drugs in possession, the packaging and any related paraphernalia. However, possessing a large quantity of drugs does not automatically prove the intent to distribute. The prosecution must show clear evidence of a plan to sell or distribute the drugs.
Defending against intent to distribute charges
When facing drug charges, it becomes important to focus on disproving the intent to distribute. A strong defense will challenge the evidence that suggests distribution. For example, if someone possesses drugs for personal use, the presence of packaging does not necessarily suggest an intent to distribute. Personal-use quantities are typically smaller and packaged differently than drugs intended for sale.
Additionally, authorities may claim that finding large sums of cash, scales or plastic bags means there was an intent to distribute. However, these items do not always point to drug distribution. Everyday people may possess large sums of cash for reasons unrelated to drug activity. Scales, for instance, may have other legitimate uses. Proving there is no connection between these items and drug distribution can weaken the case.
Possessing a significant amount of drugs can be enough to cause suspicion of an intent to distribute. However, in Ohio, the prosecution must still prove intent beyond the quantity alone. Your argument that you had the drugs solely for personal use can become especially relevant if there is no additional evidence of distribution, such as paraphernalia used for selling.