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9.15 Controlled Substance-Possession With Intent to Distribute

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

9.15 Controlled Substance-Possession With Intent to Distribute is a criminal offense in which a person is found in possession of a controlled substance with the intention to distribute it. This offense is punishable by fine and/or imprisonment. Types of 9.15 Controlled Substance-Possession With Intent to Distribute include possession of a controlled substance, such as marijuana, cocaine, heroin, methamphetamine, ecstasy, prescription drugs, and other illicit drugs, with the intent to sell or deliver them. The severity of the penalty for this offense depends on the amount of the controlled substance, its purity, and the accused’s criminal history.

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FAQ

Florida Statute Section 893.13(1)(a) prohibits a person from possessing any controlled substance ?with intent to sell, manufacture, or deliver? the controlled substance. Depending on the type of substance possessed, the crime can be charged as a third degree felony or a second degree felony.

In Massachusetts, distribution or possession with intent to distribute a controlled substance is a felony, if the substance is class A, B, or C. For distribution or intent to distribute a controlled substance class D or E, the charge is a misdemeanor, but the consequences can still be severe.

Drug possession in Florida is illegal and ranges in penalty from a first degree misdemeanor punishable by up to 11 months, 29 days in jail to a first degree felony carrying with it a minimum mandatory prison term.

Intent to distribute is drug possession for more than self-use. It is having more drugs than someone personally would use. The police must show evidence that a person intended to sell or distribute these drugs. This charge is classified as intent, not just possession.

§ 841(a)(1), commonly referred to as Possession With Intent to Distribute. Anyone who is found in possession of a large amount of counterfeit or controlled substances could be charged with this crime, which is a more serious offense than possession of controlled substances (a/k/a street drugs) for personal use.

Charges for Possession with the Intent to Sell First-Degree Misdemeanor? distribution or sale of any Schedule V substance is a first-degree misdemeanor punishable by up to twelve (12) months in jail and up to $1,000 fines.

Generally, drug possession in Florida can result in having a driver's license revoked for a year or until the offender has completed a drug treatment program approved by the state.

The penalties for selling drugs in Florida include: Selling marijuana, prescription drugs, and most other controlled substances is a third-degree felony with a maximum prison sentence of 5 years. Selling cocaine is generally a second-degree felony with a maximum of 15 years in prison.

More info

The possession of illegal drugs with intent to sell them is a serious crime with stiffer penalties. To learn more, see FindLaw's section on Drug Charges.Statutory maximum generally is 20 years. Possessing a precursor, solvent, or chemical reagent with intent to use it or knowing another intends to use it to produce methamphetamine. Class A misdemeanor.

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9.15 Controlled Substance-Possession With Intent to Distribute