Drug offenses can lead to severe penalties. However, not all drug offenses are the same, such as drug possession and drug trafficking.
If you are dealing with a drug charge, how can you differentiate between possession and trafficking? In addition, how can understanding their differences be crucial in navigating your case and potentially boosting your defense?
Drug possession
According to Indiana law, drug possession happens when an individual intentionally or knowingly possesses a controlled substance. The penalty for possession depends on the type and quantity of the drug. Also, the penalties for possession can escalate with larger amounts or more dangerous substances.
Drug trafficking
On the other hand, drug trafficking involves manufacturing, financing the manufacture, delivering or possessing with intent to deliver a controlled substance. The penalties for drug trafficking are generally more severe than those for possession.
Key difference
The main difference between possession and trafficking lies in the intent. While possession involves having drugs for personal use, trafficking involves an intent to sell, distribute or manufacture. This intent can be inferred from the quantity of drugs or the presence of large amounts of cash, packaging materials or paraphernalia.
Potential defenses
Additionally, defenses for drug possession and trafficking charges can vary. For possession, lack of knowledge about the drugs or unlawful search and seizure can be valid defenses. For trafficking, lack of intent to sell or entrapment may be possible defense strategies.
Protecting your rights throughout the process
Knowing the distinction among drug offenses is a crucial step toward better managing the complexities of the legal system. Further, the differences in penalties and defense strategies can help you make informed decisions about your situation. By seeking legal advice, you may receive guidance in building a strong defense as you strive to protect your rights throughout the process.