Challenging the government’s evidence regarding quantity and the alleged intent to sell.
The line between a misdemeanor possession charge and a felony “intent to distribute” charge is often drawn by a prosecutor based on circumstantial evidence. Things like having two cell phones, small denominations of cash, or digital scales are used to argue that you are a dealer. At Simons Law Office, we push back against these assumptions, working to keep a “personal use” situation from turning into a life-altering felony.
The Legal Framework: 21 U.S.C. § 841
Under this section, the government doesn’t need to prove you actually sold drugs—only that you intended to.
Elements of the offense:
- Knowing Possession: The defendant knowingly possessed a controlled substance.
- Specific Intent: The defendant possessed it with the intent to distribute it.
(Ref: Model Jury Instruction 12.1)
Strategic Defenses for PWID
- Personal Use Argument: We work with addiction experts to demonstrate that the quantity found was consistent with personal consumption rather than commercial distribution.
- Constructive Possession: If the drugs were found in a common area (like a shared apartment), we challenge whether the defendant actually had “dominion and control” over them.
- Challenging “Tools of the Trade”: We provide legitimate, legal explanations for items the government claims are evidence of drug dealing, such as multiple phones or cash.
The Stakes: PWID is subject to the same 5-to-10-year mandatory minimums as trafficking, depending on the weight and type of the drug.
