What Constitutes Possession With Intent to Distribute in New York?

Drug offenses are taken seriously in the state of New York. If you are facing criminal charges for drug possession, it is important to understand what constitutes intent to distribute. Continue reading and reach out to a New City drug possession crime defense attorney for experienced representation.

What is New York’s Law Regarding Possession With Intent to Distribute?

In New York, the statute making drug possession with intent to distribute is enshrined in New York State Law 220.16, which defines criminal possession of a controlled substance in the third degree as knowingly and unlawfully possessing:

• Narcotic drugs with intent to sell them
• Stimulants, hallucinogens, or LSD with the intent to sell them after having previously been convicted of an offense outlined in article 220 or an attempt or conspiracy to commit such an offense

You may also be found guilty of third degree criminal possession depending on the type and amount of drugs in your possession. For example, one or more grams of a stimulant, one milligram or more of LSD, or 25 milligrams or more of a hallucinogen can result in a conviction.

What is Considered Intent to Distribute?

The law specifies that a third degree possession offense includes “intent to sell” the drugs. But if you are not caught in the act of distributing, then how can it be proven that you were planning on doing so?

While you can face repercussions simply for possessing illegal drugs, moving them is another story and a much more serious offense. In order to be convicted of possession with intent to sell in New York, the prosecution must be able to prove beyond a reasonable doubt that you possessed the drugs not only for personal use but with the intention of selling them for a profit. Evidence that can help the prosecution prove your intent to distribute can include the following.

• The presence of scales and measuring devices
• The presence of packaging materials like small baggies, glassines, cling film, tape, etc.
• A significant quantity of drugs
• A significant quantity of drugs packed into small amounts
• A significant amount of cash
• Other drug paraphernalia

The above and more are all indicators that you had plans to distribute the controlled substances in your possession. If you have a prior criminal history of selling drugs, it can also be used as evidence against you.

What Are the Penalties for Possession With Intent to Distribute?

Because the crime is so serious, the penalties associated with a conviction of possession with intent to sell can be severe. The offense is considered a class B felony, meaning that you can be subjected to the following consequences.

• 1 to 9 years in prison
• Up to $30,000 in fines
• Probation

In addition, you could be required to complete community service, drug education classes, and more. To learn more about the potential penalties, reach out to a skilled criminal defense lawyer today.