Possession of Marijuana with Intent to Sell in Shelby County
According to a report issued by the National Survey on Drug Use and Health, marijuana was the most commonly used illegal drug in the United States in 2014. The charge of “possession of marijuana with intent to sell” is a serious charge that can result in serious punishment. Individuals who are faced with this charge often find it critical to employ the services of an experienced criminal defense lawyer who will be able to construct a strong defense in response to the charges. It is also important for individuals in Shelby County who face “possession of marijuana with intent to sell” charges to understand some of the basic elements concerning these types of charges.
Requirements Of A “Possession of Marijuana With Intent To Sell” Charge
In order to understand the requirements to satisfy this type of charge, is important that an individual understand the various definitions that are in play.
First, the term “marijuana” refers to any parts of the cannabis plant from which resin has not been extracted.
Individuals are prohibited from knowingly possessing or using marijuana or possessing marijuana to sell, but the requirements to satisfy an “intent to sell” include several specific categories. “Intent to sell” is not always gauged according to the amount of marijuana possessed but measured according to the intent to exchange the substance for anything of value or advantage like money.
Distinguishing Between “Intent to Sell” And “Possession”
The distinguishing line between “intent to sell” and “possession” can be difficult, but some of the characteristics that tend to suggest “intent to sell” is when an individual contains a large amount of marijuana which is greater than for an individual's personal issue.
There are some other behaviors that indicate the intent to sell, which include: the presence of small bags used for packaging drug amounts to sell, a ledger to keep track of sales, large sums of money, phone records regarding marijuana sales, and a scale used to weigh products.
Defending An “Intent To Sell” Charge in Alabama
There are available strategies to defending an “intent to sell” charge. Individuals most of attempt to defend an “intent to sell” charge by disproving the intent to sell.
Penalties For An “Intent To Sell” Charge In Shelby County
Individuals who are charged with an “intent to sell” offense in the state of Alabama face either prison time or a substantial fine. An individual's prior criminal history, possession of weapons at the time of the charge, and various other factors will be used as elements to increase the penalties which an individual faces.
It is also worth noting that the task of proving an individual possesses and intends to sell marijuana lies on the prosecution. In an effort to demonstrate this burden, the prosecution often relies on indirect evidence to prove that a person both possessed a drug and want to sell or gift the drug as well. As a result of this high requirement for the prosecution, many individuals are able to successfully argue against “intent to sell” charges by simply demonstrating that the prosecution has not met its high burden.
How An Experienced Alabama Criminal Defense Attorney Can Help
If you have been arrested for possession of marijuana and the intent to sell, do not hesitate to contact Eversole Law Offices as soon as possible. It is essential to retain the services of strong legal counsel to defend against these types of charges.