Possession with intent to distribute is a federal crime commonly prosecuted in the U.S. District Court for the District of Kansas.

Defined under 21 U.S.C. § 841 (a)(1), the law makes it a crime to possess a controlled substance and intend to distribute it to others. A conviction can carry mandatory minimum penalties of prison time and the possibility of decades of incarceration. It is a much more severe charge than merely possessing a drug.

If the authorities suspect you of or charge you with possession with intent to distribute, it is crucial that you contact a criminal defense attorney immediately.

What are the elements of possession with intent to distribute?

Prosecutors must prove three elements in order to find a defendant guilty of possession with the intent to distribute a controlled substance:

1. The defendant knowingly or intentionally possessed the controlled substance.

2. The controlled substance was verified to be a substance on the federal drug schedules.

3. The defendant intended to distribute the controlled substance.

The government may have to prove the amount of drug possessed, depending on how the case is charged.  A defendant charged with possession with intent to distribute could face increased penalties under 21 U.S.C. § 841(a)(1) depending on the amount of drugs found in their possession and whether it resulted in serious bodily injury or death.

What is the sentence for possession with intent to distribute?

The federal sentence for possession with intent to distribute a controlled substance can be up to life in prison. Mandatory minimum and maximum sentences depend on several factors, including the type and amount of the controlled substance, whether it resulted in serious injury or death, and whether the defendant was previously convicted of a serious drug or violent felony.

A defendant faces at least five years in prison if found guilty with intent to distribute the following drug types:

• 100 grams of heroin
• 500 grams of cocaine
• 28 grams of cocaine base
• 5 grams of meth (actual)
• 50 grams of meth mixture
• 40 grams of fentanyl
• 10 grams of fentanyl analogue
• 100 kilograms of marijuana

The mandatory minimum increases to 10 years if a defendant is found in possession of the following drug amounts:

• 1 kilogram of heroin
• 5 kilograms of cocaine
• 280 grams of cocaine base
• 50 grams of meth
• 500 grams of meth mixture
• 400 grams of fentanyl
• 100 grams of fentanyl analogue
• 1,000 kilograms of marijuana

The statutory minimums increase if the defendant has a previous conviction for a serious drug or violent felony. Additionally, a defendant could face up to life in prison if the death or serious bodily injury resulted from certain controlled substances on the federal drug schedule.

Common defenses against the crime

If you are facing federal charges for possession with intent to distribute, you have the right to defend yourself with a criminal defense attorney.. Some common defenses against possession with intent to distribute include:

• Lack of intent: The prosecution needs to prove intent to distribute drugs. A skilled defense attorney can find weaknesses in the case to create reasonable doubt on whether the defendant truly intended to distribute the drugs.
• Illegal search and seizure: If the authorities seized the drugs as a result of an illegal search and seizure, then the court may suppress the evidence. Defense attorneys frequently raise challenges to search and seizure in cases involving drug possession.
• Entrapment: Law enforcement officials can conduct sting operations to catch criminals. However, entrapment occurs when officers or informants coerce a suspect into committing a crime that they would not have committed otherwise.

If you're charged with possession with intent to distribute under 21 U.S.C. § 841(a)(1), contact the Koop Law Firm immediately. Jeremy D. Koop, who has spent years on both sides of the courtroom, will guide you through the complex legal process with expertise.