Criminal Law
Drug Distribution
What Is Considered Drug Distribution?
A drug distribution charge is one of the most serious drug crimes you can face. Police can arrest you on these charges if you were involved in selling, transporting, or exchanging a controlled substance. There is a long list of controlled substances that can result in a drug distribution charge. Some of them include:- Cocaine
- Heroin
- Marijuana
- Methamphetamine
- Prescription drugs like Oxycontin and Vicodin sold illegally (without a prescription)
Penalties for Drug Distribution
Drug distribution is a felony charge. This means you may face several years in prison. The penalties are harsher than simple possession because of the alleged intent to distribute and the quantity of drugs involved is usually higher. In addition to time in prison, your sentence can also include hefty fines. Prosecutors may even attempt to seize assets like your home or cars that they believe you paid for from your alleged drug sales. Your criminal record will also stay with you after you finish your sentence, making it difficult to find a job and housing. The specific penalties for a drug distribution conviction will depend on several factors, including:- The laws of your state
- The type of drugs involved
- The amount of drugs seized
- Where you distributed the drugs (such as near a school)
- Your criminal history
Defenses Against a Drug Distribution Charge
A drug distribution charge is a very serious one. That's why it is crucial that you have an attorney that can ensure your rights are protected. Some of the possible defenses your attorney may raise include:- Lack of intent to distribute: The prosecutor needs to show you intended to distribute the controlled substance. If not, the prosecutor can only charge you with drug possession, which carries with it a lesser penalty.
- You had a prescription for the drug: Sometimes police arrest people in possession of medicinal marijuana or prescription painkillers without knowing that the person has a legal prescription.
- There was no probable cause to search you: If the police did not have probable cause to search you or your property, then your attorney can argue the evidence should not be admissible.