Drug possession is one of those crimes that can vary greatly in terms of severity. When cases become more serious is when prosecutors believe the drugs were not meant solely for personal use. This can come with much harsher punishments, including long prison sentences.
However, it can be hard to know where the line is between simple possession and an intent to distribute. Here you’ll see what the court will consider when looking at drug possession charges and the next steps you should take.
The Difference Between Simple Possession and Intent to Distribute
Simple possession is when you are found with a controlled substance for personal use. The penalties will vary widely for this based on many factors, including the amount and drug type. This is generally treated as a lower-level offence when compared to an intent to distribute.
Intent to distribute is when the authorities believe you were planning to sell or give drugs to others. The correct legal term is ‘possession for the purpose of trafficking’ and doesn’t actually rely on proof that drugs were sold, just the intent to distribute them.
It can be hard to know what punishments you’ll be facing. If you want more clarity about your specific case, it’s important to speak to an experienced drug offences lawyer who would be able to advise on your situation.
Related Article: https://www.agpllp.ca/what-are-the-charges-for-first-offence-drug-possession-in-ontario/
The Importance of Drug Quantity
When it comes to intent to distribute, there is little in the law that is black and white when it comes to evidence. There is no exact quantity of any type of drug that will automatically convert into a trafficking charge.
The courts will instead judge whether the amount is consistent with personal use. This is generally when the amount exceeds what a person would generally use for personal consumption within a short period.
This often comes with expert evidence from the likes of police officers or forensic specialists. They will look at what an average user would typically consume, along with usage patterns. Along with this will be other factors, such as whether the drugs could reasonably supply multiple users if broken down for resale.
Packaging Can Be a Huge Red Flag
How the drugs were found can say a lot about how they were intended to be used. Finding them divided into small baggies, capsules, or wraps is often viewed as them being pre-packaged for sale. The same quantity of drugs in one bag can be easier to explain than in ten individually wrapped baggies.
Packaging materials can be a giveaway that drugs are being distributed. These can include the likes of scales, cutting agents, and heat sealers. The defence can still argue this was all for personal use, but the more packaging evidence, the harder it is to explain.
Cash can also play a role in this evidence. Carrying a large amount of money is not illegal, but it is unusual. Large sums of cash, especially if split into small denominations, can add to the overall body of evidence prosecutors collect.
Additional Factors That Can Escalate Charges
The location of the drugs found can be important. If found in public spaces or in vehicles, for example, this is more likely to indicate distribution. This is also true if the drugs were found near any place that is a hotspot for a drug market, such as a nightclub.
The police can look at communication evidence, such as text messages, emails, or any other evidence of a discussion around prices or meet-ups. This can be aided by surveillance observations, such as a place of residence getting frequent visits from a number of people.
Aside from this, other evidence could be drug paraphernalia, witness statements, admissions, or anything else deemed relevant. None of these factors guarantees a conviction on its own, but they can be used to create an overall picture of an intent to distribute.
These cases often aren’t clear-cut, which is why it’s vital to get legal advice as soon as possible. A defence lawyer can scrutinize many aspects of the case and challenge assumptions. This can make it difficult for the Crown to prove a case beyond a reasonable doubt.
Related Article: https://www.agpllp.ca/why-you-should-never-speak-to-police-without-a-lawyer/
FAQs
How many drugs are needed for an intent to distribute charge?
There is no set amount. Quantity alone won’t determine how the Crown proceeds with the case. Instead, they will balance the amount of drugs found with other evidence to determine what charge should be laid.
Can I be charged with intent to distribute without selling drugs?
Yes. A sale doesn’t need to be observed or evidenced to be charged. For example, if a large amount of drugs were found that were split into individual packets, this would likely be evidence enough of an intent to distribute.
What are the penalties for intent to distribute?
For the lowest level cases, it’s possible to avoid jail time. For the worst cases, the maximum sentence is life imprisonment. With such a dramatic range of sentences, it’s impossible to advise on a likely penalty without knowing specific circumstances.
Are first offences treated more leniently?
First offences are generally treated more leniently, but especially so in these cases. The court is more likely to judge it as an isolated mistake instead of a calculated pattern of behaviour. This is especially true if you have no prior criminal record.
What other evidence can be used to prove intent to distribute?
Prosectors can use any type of evidence they believe is relevant. This can include other physical evidence, such as cash or weapons, along with digital evidence such as call logs or text messages.
Final Thoughts
Drug possession charges can be incredibly serious, but they are often more complicated than they first appear. There are many factors that can be circumstantial, and cases often hinge on context. That can often lead to many legal challenges.
If you’re facing a drug possession charge, then it’s important to speak to a lawyer as soon as possible. At AGP LLP, we are happy to offer you a free consultation to review your case. Contact AGP LLP today and see how we can advocate on your behalf.
