North Carolina prohibits the unauthorized possession, manufacture and distribution of controlled substances. People face arrest and prosecution if they misuse controlled substances. In some cases, they may even face criminal charges implicating them in the trade of illicit drugs.
If police officers catch someone in the act of transferring a substance to another person, the state may pursue distribution or trafficking charges against the accused individual. Other times, police officers may only find someone in possession of controlled substances, and yet prosecutors bring felony charges of possession with intent to distribute the drug to others.
How might the state justify filing enhanced charges when it finds an individual in possession of drugs but not in the act of conducting a transaction?
Personal criminal history or relationships
Sometimes, the state can justify the decision to prosecute an individual for possession with intent because they have a previous conviction for a similar offense on their record. Other times, known relationships with individuals who have a history of drug trafficking could increase law enforcement scrutiny and the likelihood of more severe charges. Personal or social connections to the drug trade can make it easier for the state to pursue possession with intent allegations.
Unusual drug possession details
Occasionally, individuals with no prior record and no connection to the drug trade may face possession with intent charges. Prosecutors may justify those charges based on the volume of drugs found in someone’s possession. While it may be more cost-effective for an individual to buy a large supply of a substance, possession of more than a small amount could put them at risk of felony charges. A high volume of a single drug can be enough to justify possession with intent charges. So can possessing small amounts of various different drugs. The state may try to claim that what someone possessed wasn’t for their personal use but rather for distribution to others.
Possession of certain types of paraphernalia
Occasionally, police officers may find items that they believe are drug distribution paraphernalia. Those items may include sandwich bags or other containers for individual packaging. Postage scales or digital scales also have an association with the illicit drug trade. Tools for drug consumption, especially when an individual has more than one, can also raise questions about their intent when possessing a drug.
In many cases, possession with intent is classified is a felony offense. The charge is more serious, and the penalties possible are harsher than misdemeanor charges. A conviction can also result in a stronger chilling impact on an individual’s future opportunities, as outside parties may assume that they participated in the illegal drug trade.
Fighting drug charges requires an understanding of how the state pursues a case. Those who learn about drug laws – and seek personalized legal support accordingly – can then plan the best strategy for fighting pending drug charges.