Possession with Intent to Distribute

Possession of marijuana is generally a misdemeanor, and possession of other illegal substances is generally a fairly minor felony, but possession with intent to distribute is much more serious, with longer sentences and fewer options for diversion.

The “intent” in intent to distribute is proven by the surrounding circumstances. Here are some of the circumstances that might make a prosecutor say “intent to distribute:” there is a lot of cash on hand, the presence of scales or measuring equipment, drugs already “subdivided” in baggies, or there being a higher quantity of drugs than normal for personal use.

So, yes, by the marijuana law you can have 2 pounds of marijuana and it could be considered a misdemeanor, but if those 2 pounds are in a backpack, divided into one ounce baggies, and your carrying it with a lot of cash in your pocket, expect to be charged with intent to distribute.

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