There is a significant difference under Massachusetts law between possession of illegal drugs and possession of drugs with intent to distribute. For example, possession of cocaine is a misdemeanor, whereas possession with the intent to distribute cocaine is a felony. The difference being that possession with intent to distribute cocaine carries with it a state prison sentence.
Although the penalties may be quite different and clear, the factual difference is not always so definitive. For instance, consider the situation where the police find a large amount of cocaine on someone(less than trafficking weight), and the police also find a large amount of cash on the same person. Does this mean that the large amount of cocaine had to be intended for distribution? Also, is the amount of cash indicative of narcotics sales?
The answer to these questions is no, however, there doesn’t have to be any particular number of factors that tip the scale in favor of distribution. The question is one of degree, as the more factors that suggest distribution will make it more likely that the Commonwealth will be able to prevail on a distribution allegation. As a result, if you are faced with such a situation today, contact the criminal defense attorney who will fight for you and your rights.