PC §602(B) - POSSESSION OF A CONTROLLED SUBSTANCE WITH INTENT TO DISTRIBUTE (28G+)

CLASS F FELONY

(a) Definition

Possession of a low level controlled substance with intent to distribute and possession of over 10 grams is the act of knowingly and intentionally possessing, manufacturing, distributing, or possessing with the intent to distribute a controlled substance in quantities exceeding 28 grams, without a valid prescription or authorization, with the purpose of selling or distributing the substance to others.

Types of Low Level Controlled Substances

Controlled substances may include, but are not limited to, the following categories:

1. Cannabis: Marijuana, hashish, and cannabis concentrates.

2. Prescription medications: Controlled substances available only with a valid prescription, such as painkillers, tranquilizers, and stimulants.

(b) Elements of the Offense

The following elements must be met to constitute possession of a controlled substance with intent to distribute and possession of over 10 grams:

1. The defendant knowingly and intentionally possessed, manufactured, distributed, or possessed with the intent to distribute a controlled substance.

2. The quantity of the controlled substance possessed exceeded 10 grams.

3. The defendant possessed the controlled substance with the intent to sell, distribute, or otherwise transfer it to others.

4. The defendant did not have a valid prescription or authorization for the possession, manufacture, or distribution of the controlled substance.

(c) Defenses

• (a) It shall be a defense to a charge of possession of a controlled substance with intent to distribute and possession of over 10 grams if the defendant can prove that they had a valid prescription or authorization for the possession, manufacture, or distribution of the substance, or if they can demonstrate that they were not involved in selling or distributing the substance to others.

• (b) Lack of knowledge of the presence of the controlled substance, lack of intent to possess the substance with the intent to distribute, or coercion or duress at the time of possession may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

Aggravating factors such as possession of large quantities of controlled substances, possession with intent to distribute near schools or other protected areas, involvement in drug trafficking or manufacturing, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

120 SECONDS OF JAIL TIME.

BOND SET

$100,000.00