Knowing the Difference: Intent and Delivery of Controlled Substances
Not all “drug” cases are exactly the same and neither are the penalties that can fall upon one when charged with delivery of controlled substances. Misdemeanor drug cases, although major, are less severe than felony drug cases. Drug delivery– that is generally an exchange of a controlled substance, such as marijuana, cocaine, or heroin, from an individual to another individual– is categorized as a felony associated with “drug dealing.”
This is distinct with “intent to deliver,” which denotes that the blamed individual had an amount of the controlled substance that they meant to sell and distribute to others. “Delivery of controlled substances” happens during the sale. It does not concern what amount of cash, or what type of money is included. Provided that an exchange transpired, you can be charged with delivery of controlled substances and the severity of the consequences for this type of felony will based on the kind of drug, the weight or quantity of the drug and the individual’s previous criminal convictions.
Turning Possession Into Delivery of Controlled Substances
When there is no sale of controlled substances, the prosecutor may use an array of sorts of proof to setup the intent to move an abused substance arising from a possession charge. The prosecutor also can validate an intent to deliver charge despite having no money exchanged and the drugs were not really delivered. While these charges are typically based upon the amount of the drug in someone’s possession, the drug offense may also be established based upon drug paraphernalia suggesting an intent to sell the drugs, just like mail scales, possession of common cutting agents and baggies or balloons.
Considering that these form of regular household items do not confirm criminal actions taken in isolation, they are commonly offered as evidence together with the quality of narcotic in a person’s possession. Basically, the possession component of the charge is based upon the production of valid evidence while the intent to deliver part of the charge is most commonly proven based on circumstantial evidence, like the way the drugs are packed or recovery of substantial amounts of cash.
Delivery of Controlled Substances Defense
The classification of felony is oftentimes determined with the amount or grams of the drug that are in the individual’s possession or were delivered. For instance, a possession with the intent to deliver or distribute 50 kilograms or less of marijuana in Iowa is a felony which carries a 5 year prison sentence and a fine of $7,500. Depending on the quantity involved and the circumstances surrounding the arrest like if it was 1000 feet of a park, elementary or middle school, or school bus those fines can increase to 5-50 years and up to a $1,000,000 fine.
That is why getting in touch with a knowledgeable law firm is essential. With no proper representation, your rights may be dismissed and your trial outcome uncertain.