The legal meaning of “intent to distribute drugs” in legal cases is that someone has allegedly been found with illegal drugs in their possession and intended to give or sell them to others. Illegal drugs include things like heroin or meth and prescription drugs that are legal when dispensed by a pharmacist to the person a physician has specifically prescribed them for.

But proving intent can be difficult, and because it’s a criminal charge, it must be proven beyond a reasonable doubt. Jurors are instructed to understand that whether or not the accused person knew what they were doing was illegal doesn’t matter, just the intent to give or sell the illegal drugs. That’s why having experienced drug crime defense attorneys is crucial because we understand the techniques and tactics law enforcement and prosecutors will use, and we know how to prepare a defense. There are two types of evidence that law enforcement uses to determine intent.

Direct Evidence

Direct evidence involves things that are easily witnessed by law enforcement.

That includes:

  • The drug holder makes statements, either in writing or orally, that they have the drugs and intend to give or sell them to someone else.
  • The drug holder sells the drugs to an undercover officer or agent.
  • The law enforcement officer directly witnesses the drug holder giving or selling the drugs to someone else.

Generally, this type of evidence is much rarer in intent to distribute drug cases than the following evidence.

Circumstantial Evidence

Circumstantial evidence means that law enforcement did not see or hear direct statements or sights of the drug holder giving or selling the drugs but did find other types of evidence that implicates the drug holder, such as: 

  • The drug holder has a considerable amount of drugs in their possession, more than they’re likely to use personally.
  • The drug holder is in possession of so-called “burner” phones and/or weapons.
  • The drug holder has items commonly used to package drugs for selling or giving, including scales and plastic bags. 
  • The drug holder has records of previous sales.
  • The drug holder has large amounts of cash on hand.
  • The drug holder was seen in an area known to be frequented by illegal drug dealers. 

Circumstantial evidence makes up the majority of evidence in criminal drug cases. However, even circumstantial evidence can be enough for a conviction and severe penalties.

What Are the Consequences for Conviction of Intent to Distribute Drugs Charges?

In Massachusetts, there are five classes of illegal drugs, with different levels of possible punishments regarding intent.

Class A

Class A drugs are often opioids and opium derivatives, including painkillers such as Percocet and Vicodin, as well as hallucinogenics such as roofies and ecstasy. Intent to distribute a class A drug is a felony. A conviction can result in up to 10 years in state prison and up to a $10,000 fine for a first conviction and up to 15 years in state prison and up to a $25,000 fine for any subsequent convictions.

Class B

Class B drugs include some opioids, barbiturates, meth, cocaine, and LSD, among others. Intent to distribute a class B drug is a felony. For cocaine, crack, or meth, conviction carries a mandatory one-year jail term and can result in up to 10 years in state prison and up to a $10,000 fine for a first conviction. It carries a mandatory 3 ½-year jail sentence and $2,000 fine with the possibility of up to 15 years in state prison and up to a $25,000 fine for any subsequent convictions.

Intent to sell class B drugs other than cocaine, crack, or meth is also a felony crime. A conviction can result in up to 10 years in state prison and up to a $10,000 fine for a first conviction. Subsequent convictions carry a mandatory two-year jail term and $2,500 fine, with the possibility of up to 15 years in state prison and up to a $25,000 fine.

Class C

Class C drugs include some narcotics, depressants, and sedatives, many of which are prescription drugs. Intent to distribute a class C drug is a felony. A conviction can result in up to five years in state prison and up to a $5,000 fine for a first conviction. Subsequent convictions carry a mandatory 18 months in jail and $1,000 fine with the possibility of up to 10 years in state prison and up to a $10,000 fine for any subsequent convictions.

Class D

Class D drugs include things like marijuana and barbital, many of which are prescription drugs. Intent to distribute a class D drug is a misdemeanor. A conviction can result in up to two years in jail and a $500 to 5,000 fine for a first conviction. Subsequent convictions carry a mandatory one year in jail and a $1,000 fine with the possibility of up to 2 1/2 years in jail and up to a $10,000 fine.

Class E

Class E drugs contain lesser amounts of things like codeine and opium. Intent to distribute a class E drug is a misdemeanor. A conviction can result in up to nine months in jail and a fine of $250 to $2,500 for a first conviction. Subsequent convictions can result in up to 1 ½ years in jail and a fine $500 to $5,000.

How Can a Drug Crime Defense Attorney Defend Me?

There are several strategies a drug crime defense attorney can use to fight these charges, whether the charges result from direct or indirect evidence. Those include questioning if the charges were justified, whether law enforcement had the proper search warrant, or whether law enforcement used entrapment tactics to arrest someone, to name a few. Contact us for more information on how we can help with your case.

What if I’ve Been Charged with Intent to Distribute Drugs?

Call us as soon as possible at 857-347-3701 to request a free criminal case evaluation. Massachusetts courts take drug charges seriously, so having an experienced drug crime defense attorney working with you is highly recommended. We’re here to help you.

Toland Law, LLC