POSSESSION WITH INTENT TO SELL

While ordinary drug possession results in severe penalties, possession with intent to sell is associated with even harsher punishments. However, law enforcement must prove that a person possessing the drugs was planning, or intending, to illegal distribute them.

If you have been arrested for possession with intent to sell, it is imperative to seek legal representation form an experienced and reliable Virginia Beach criminal defense attorney. With over 30 years of legal experience, we understand what it takes to get your charges reduced or your case entirely dismissed.

The crime of possession with intent to sell does not occur unless both elements of possession and intent to distribute have happened simultaneously. For example, if the suspected individual only has a small amount of a controlled substance or illegal drug that’s enough for personal use only, there isn’t enough evidence supporting intent to sell. However, if a suspected individual has a large amount of a controlled substance or illegal drug, perhaps including a weight scale and small baggies, then that’s enough to charge someone with possession with intent to sell.

The following are the penalties for possession with intent to sell according to the Federal drug schedules:

• Schedule I (heroin, LSD, ecstasy)
  • Prison sentence between five and 40 years
  • Fines of up to $500,000
• Schedule II (cocaine, methamphetamine, PCP)
  • Prison sentence between five and 40 years
  • Fines of up to $500,000
• Schedule III (anabolic steroids, testosterone, codeine, ketamine)
  • Prison sentence between one and 10 years
  • Fines of up to $2,500
• Schedule IV (valium, Xanax, rohypnol)
  • Prison sentence between one and five years
  • Fines of up to $2,500

The following are the penalties for possession with intent to sell marijuana according to the quantity:

• Less than half an ounce – misdemeanor
  • Maximum jail sentence of one year
• Between half an ounce and five pounds – felony
  • Maximum prison sentence of 10 years
• More than five pounds – felony
  • Maximum prison sentence of 30 years