Understanding the Difference Between Drug Trafficking, Possession with Intent to Distribute, and Simple Possession

Even though Michigan has passed laws decriminalizing the use of recreational marijuana, prosecutors continue to take an aggressive approach toward many drug crimes. Often, the difference between charges of simple possession, possession with intent to distribute, or drug trafficking depends on the type and amount of drugs allegedly in your possession when you were arrested.

Understanding Michigan Drug Classification Schedules

Like most states, Michigan classifies drugs, known as “controlled substances,” into five categories based on their likelihood of abuse and whether the drug has an accepted medical use. Schedule I controlled substances have a high probability of addiction and abuse and no medical value, while Schedule V controlled substances have a comparatively low likelihood of addiction and abuse and do have medical value. Judges use these drug classifications to determine the penalties for possessing or selling controlled substances. Depending on the specific substance you are accused of possessing and trying to sell, you could face varying levels of jail time, fines, and other penalties.

What Is Drug Trafficking?

The crime of drug trafficking deals with the movement and sale of a controlled substance. Under Michigan law, it is illegal to manufacture, deliver, or create a controlled substance, or to possess a controlled substance with intent to do any of the other three actions.

Drug trafficking is a Class A felony, the most severe felony charge in Michigan. A conviction for drug trafficking carries penalties that include more than 20 years in prison and fines of up to $1,000,000. The most severe cases can result in a sentence of life in prison.

What Is the Crime of Possession with Intent to Distribute?

Possession with intent to distribute is a Class B felony, punishable by up to 20 years in prison. Prosecutors often charge the crime of possession with intent to distribute when they believe you are in possession of a large amount of drugs, but they cannot prove you intended to sell or distribute them.

What Is Drug Possession?

Drug possession is the least serious drug crime a person can face. To prove a case of drug possession, prosecutors must prove that you had drugs on your person or in your control. Penalties for drug possession will vary based on the amount and type of drug in your possession.

Proving Drug Trafficking or Possession with Intent to Distribute

Police and prosecutors often use circumstantial evidence, including the amount of drugs in your possession and whether you were in possession of drug paraphernalia, to try to prove a case of drug trafficking or drug possession with intent to distribute.

Quantity of Drugs

A key factor in cases of drug trafficking and possession with intent to distribute is often the quantity of drugs in a person’s possession. If a person has more drugs than a reasonable person would have for personal use and police believe they have evidence a person tried to sell them, prosecutors usually charge a defendant with drug trafficking.

Paraphernalia for Distributing Drugs

Drug paraphernalia can include any equipment, material, or accessory used for manufacturing, using, concealing, or distributing drugs. In cases of drug trafficking or possession with intent to distribute, prosecutors may point to evidence such as scales used to weigh drugs, large amounts of cash, pay/owe sheets, and even plastic baggies that can be used to package drugs for distribution. They may also point to frequent and brief meetings with visitors to your home.

Enhanced Penalties for Drug Crimes

Michigan imposes additional penalties for repeat offenders, when drug crimes are committed near parks and schools, and when a person sells drugs to a minor.

• Penalties double when an adult is convicted of selling a controlled substance to a minor who is at least three years younger than the seller. The crime carries a mandatory minimum sentence of one year in prison when the controlled substance is cocaine or a Schedule I or II drug.
• When an adult is convicted of possessing or selling a controlled substance to a minor within 1,00 feet of a park, the judge will add a mandatory minimum of two years to the sentence.
• An adult convicted of possessing or selling a controlled substance within 1,00 feet of a school or library faces a mandatory two-year sentence up to a prison term that is three times that of the underlying offense for a delivery crime or two times that of the underlying offense for a crime involving possession without intent to deliver.
• A repeat drug crime offender faces a possible sentence of two times that of the underlying offense. If the offense was committed within 1,000 feet of a school or library, the offender faces a mandatory minimum of five years in prison up to two times that of the underlying offense.

Defending Against Charges of Drug Trafficking or Possession with Intent to Distribute

The difference between simple drug possession, possession with intent to distribute, and drug trafficking often comes down to the amount of a controlled substance in your possession and circumstantial evidence that you tried to sell drugs. You also face enhanced penalties if you were accused of possessing or selling drugs to a minor or near a school, park, or library.

If you believe you are under investigation or have been charged with a Michigan drug crime, you need an experienced, aggressive criminal defense lawyer on your side. When your freedom is on the line, you need to act quickly to protect your rights.

Elmen Legal defends people accused of drug crimes in Ann Arbor and throughout Michigan. Drug crime defense attorney Robert Elmen will carefully analyze the circumstances of your case, help you evaluate your options, and mount a vigorous defense designed to have the case dismissed or the charges or penalties reduced.

To learn more, call (734) 707-8915 or contact Elmen Legal online to schedule a confidential consultation to discuss your situation.