What’s the Difference Between Possession and Intent to Distribute?




Title: What’s the Difference Between Possession and Intent to Distribute?
Description: The main distinction between possession and possession with intent to deliver is the intent of the person caught with the contraband. In other words, if the intent is to further distribute the contraband, then a possession with intent to deliver charge would be the appropriate charge. If intent is simply personal use, then possession would be the appropriate charge.
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The main distinction between possession and possession with intent to deliver is the intent of the person caught with the contraband. In other words, if the intent is to further distribute the contraband, then a possession with intent to deliver charge would be the appropriate charge. If intent is simply personal use, then possession would be the appropriate charge.

How the substance is packaged is also a big factor in determining the appropriate charge. For example, a possession with intent to deliver charge could still be appropriate if a person possessed less than one pound of marijuana if that marijuana was divided up into quarter or eight ounce baggies.

Other items like scales, baggies or drug records are also indicators of an intent to deliver or distribute and not for personal use. Depending on the amounts alleged to have been possessed, the possession with intent to deliver penalties could be as high as 50 years or up to life in prison.

For possession with intent to deliver marijuana the maximum penalty in Nebraska is 20 years.