What Does It Mean to Have Possession with Intent?

Drug possession is a crime. People who encounter police officers while in possession of prohibited drugs face arrest and prosecution. The state can also bring charges against people who have prescription drugs in their possession without a valid prescription from a physician.

Possession is the least serious drug crime, but sometimes the state pursues more serious charges after arresting a person because of the drugs in their possession. In some situations, defendants accused of possessing controlled substances might face possession with intent charges.

Frequently, that means the defendant faces felony prosecution. What does it mean to possess a drug with intent?

The drugs were not for personal use

When prosecutors pursue possession with intent charges, the assertion is essentially that the defendant did not intend to use the drugs themselves. Instead, the goal was to distribute the drugs to others or to use the substances in their possession to manufacture drugs. The difference between possession and possession with intent can be minor.

Having slightly too much of a substance on hand can lead to a possession with intent charge. The presence of certain types of paraphernalia could also lead to the state assuming that an individual intended to distribute drugs to others. Connections to those associated with drug trafficking and prior convictions can also justify the prosecution’s decision to pursue more serious drug charges against a defendant.

Individuals accused of possession with intent may need to develop a very different defense strategy than those accused of simple possession. Understanding how the state justifies more serious drug charges could be the first step toward a reasonable defense strategy.