What Constitutes Possession With Intent to Distribute in MI?

Possession of drugs without a valid prescription or prior authorization is a serious offense in Michigan. However, if you were planning to sell the drugs you could face even more severe repercussions. Possession with intent to distribute involves the unlawful possession of controlled substances for the purpose of selling or distributing them. This offense can lead to significant penalties and a criminal record. For more information on the specifics of the offense and to obtain skilled legal representation, reach out to a Marquette drug lawyer today.

What is Drug Possession?

Before diving into what intent to distribute drugs is, it is important to first understand the definition of drug possession. You can be charged with two types of illegal possession: actual or constructive.

Actual drug possession means that the illicit substances were found on your person or in your immediate vicinity. If you are caught with illegal drugs in your pocket, backpack, or under the seat of your car during a traffic stop, for example, you can be charged with actual possession.

However, you can also be charged with constructive possession even if you did not have the substance on you. Constructive possession means that you had knowledge of the illegal drugs and the ability to exercise control over them. For example, if drugs are found in your home in a locked box that you have the key to or in your friend’s house but you had access to the substance, you can be charged with constructive possession.

What Constitutes Possession With Intent to Distribute in Michigan?

Possession with intent to distribute is codified under MCL Section 333.7401 which states “a person shall not manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance, a prescription form, or a counterfeit prescription form.”

In terms of possession and distribution, this law makes it so that it is illegal for a person to be in possession of a controlled substance for the purpose of selling or trafficking it. But what exactly constitutes an individual’s intention to sell the drugs that were in their possession?

If you are caught in possession of illegal drugs, you could be charged with intent to distribute if there is evidence suggesting that you planned to sell the substance rather than use it for personal use. The prosecution must be able to provide evidence that you planned to distribute the drugs. Signs that can help the case against you include the following.

Large quantities of drugs
The types of drugs
The presence of packaging materials like small baggies
The presence of scales or other measuring devices
The presence of large amounts of cash
Your prior criminal record

If any of the above is relevant in your case, it could help the prosecution charge you with intent to distribute. For more information, reach out to a skilled criminal defense attorney today.