If you are charged with possession of a controlled substance with the intent to deliver, you will be facing a felony charge according to Michigan law. Drugs are classified as schedule 1 through 5, and depending on the classification and the amount found in your possession, the penalties vary.
Proving Possession with the Intent to Deliver
It is important to remember that before you can be convicted of possession with the intent to deliver, the prosecutor must prove that: (1) the substance was a controlled substance, (2) that you were not authorized to possess the drug, and (3) that you knowingly possessed the drug with the intent to deliver it to another person.
For example, a police officer can actually prove you intended to deliver the drugs by seeing you hand drugs to another person. Also, the way the drugs are packaged and whether there are scales present can be proof of your intent to deliver. The amount of drugs you have alone can be evidence of your intent to deliver. Whether or not there was an exchange of money is irrelevant because “intent to deliver” does not mean that you intend to sell the drugs, only that you intend to transfer the drugs in your possession to someone else.
Defending the Possession with the Intent to Deliver Charge
Because prosecutors can use evidence, such as packaging, the amount of drugs and scales, to convict you with possession with the intent to deliver, it is important to investigate and develop the factual support for your defense. Attorney Barton W. Morris, Jr., will evaluate every detail of your case to ensure that evidence against you was gathered appropriately and in compliance with your 4th Amendment rights against unlawful searches and seizures, which is a common violation police officers make. If Barton W. Morris, Jr., can show that the police violated your rights, the evidence obtained must be suppressed and therefore the charges will be dropped. No evidence = Not Guilty.
For this reason, it is imperative that you contact the Law Office of Barton W. Morris, Jr., for an immediate consultation to find out more about your Possession with the Intent to Deliver charge. Barton W. Morris is dedicated to researching and understanding drug charges and takes an aggressive approach in defending each and every one of his clients. Having conducted multiple dozens of jury trials gives Attorney Barton W. Morris, Jr., the experience necessary to effectively handle every criminal matter and persuade any jury that the prosecution cannot and has not proven their case.
Attorney Barton W. Morris, Jr., represents clients in the Oakland, Wayne and Macomb County communities of Royal Oak, Bloomfield Hills, Detroit, Warren, Troy and all surrounding areas.
Controlled Substances Schedules 1 through 5 include:
Common schedule I drugs are considered to be the most dangerous with a high potential for abuse and include such drugs as: ecstasy, LSD, heroin, GHB, and hallucinogenic mushrooms.
Common schedule II drugs are considered to have a high potential for abuse, although less than schedule I drugs and include such drugs as: opium, cocaine, morphine, OxyContin, Adderall and hydrocodone.
Common schedule III drugs are considered to have a moderate to low potential for abuse and include such drugs as: anabolic steroids, vicodin, and Tylenol with codeine.
Common schedule IV drugs are considered to have a low potential for abuse and include such drugs as: valium, rohypnol, Soma, Ambien and Xanax.
Common schedule V drugs are considered to have the lowest potential for abuse and include such drugs as: ephedrine and codeine which is often found in cold medicine and cough syrups.
The potential for abuse is a critical factor in determining which schedule a drug is placed in, and a particular drug need not be listed in the schedules to be treated as a schedule I drug for criminal prosecution. If you are found with a drug that has a similar chemical makeup to one of the drugs in schedule I, for example, the prosecutor will charge you with possession of a schedule I drug.
For a more comprehensive discussion on drugs, their classification, and chemical makeup you can visit the DEA website.
Common Possession of a Controlled Substance with Intent to Deliver charges and penalties include:
-Possession with the intent to deliver less than 50 grams of a schedule I or II drug is a 20-year felony with a fine of up to $25,000.00.
-Possession with the intent to deliver between 50 – 450 grams of a schedule I or II drug a 20- year felony with a fine of up to $250,000.00.
-Possession with the intent to deliver between 450 – 1000 grams of a schedule I or II drug is a 30-year felony with a fine of up to $500,000.00.
-Possession with the intent to deliver more than 1,000 grams of a schedule I or II drug is a possible life sentence felony with a fine of up to $1,000,000.00.
-Possession with the intent to deliver a schedule III drug is a 7-year felony with a fine of up to $10,000.00.
-Possession with the intent to deliver a schedule V drug is a 2-year felony with a fine of up to $2,000.00.