Possession with Intent to Distribute Tranquilizers

Every year, thousands of people are charged with misdemeanor and felony drug possession, distribution and trafficking charges.  Illegal use of prescription drugs is becoming more prevalent throughout our society.  Tranquilizers can be both physically and psychologically addictive and may even have fatal withdrawal symptoms.  Tranquilizers are divided into minor and major groups.  The major are drugs used to treat severe mental illnesses.  Those classified as minor are used in the treatment of anxiety, tension, and insomnia.  Those most commonly abused include:

• Valium
• Ativan
• Xanax
• Klonopin
• Librium
• Tranxene
• Miltown
• Equanil

Consequences of Intent to Distribute

The Drug Enforcement Administration and the Food and Drug Administration (FDA) determine how drugs are classified.  Tranquilizers are categorized as a schedule 4 drug. The consequences can include:

• One to ten years in prison
• Property forfeiture
• Substantial fines
• Loss of driver’s license
• Mandatory court-ordered drug treatment programs

Many times individuals are also involved in prescription drug fraud, which includes prescription forgery.  Any medical professional accused of these charges may lose their right to practice medicine.  The penalties may be more severe if an individual is caught selling or distributing drugs near a school zone or to a minor.

Evidence Required for a Conviction

The prosecution can determine you had the intent to distribute by examining the circumstances surrounding your case.  If there is evidence, such as drug paraphernalia or large amounts of money found when you were arrested, these factors can be used against you.  A simple drug possession case can quickly turn into a “possession with the intent to distribute” case when the police find things like baggies, scales, or large quantities of drugs or cash.  The prosecution must prove the following:

• That the substance in evidence is the controlled substance that it is believed to be
• That the defendant had the substance under his or her control
• That the defendant had the intention to distribute the substance
• That the defendant acted knowingly or purposefully in possessing or controlling with the intent to distribute the substance in evidence.

How An Attorney Can Help

If you are a first time offender, an attorney can ask for probation prior to a conviction.  When the individual successfully completes the terms of their probation, the charges may be dropped. Narcotics cases often involve constitutional search and seizure issues conducted by law enforcement.  Additional defense strategies may include challenging the search and seizure methods if they were not properly executed.  If you are facing drug charges, you should contact an experienced criminal defense lawyer for assistance in defending your rights.