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What is possession with intent to sell?

On Behalf of | Apr 14, 2020 | Criminal Defense |

There are a range of charges a person could face if law enforcement finds him or her in possession of illegal drugs. Some charges are more severe than others because they include two instances of illegal activity in one. A good example of this is possession with intent to sell. 

Possession with intent to sell, according to State of Connecticut Judicial Branch, is exactly what the name states. When bringing this charge, the prosecution has to show not only that the person had the drugs in his or her possession but also that he or she intended to sell them. To prove this case first requires understanding what “possession” and “sale” mean. 

The definition of possession 

For the possession portion of this charge, the law requires that the person knowingly had the drugs. If, for example, the person was delivering a package that he or she thought was something else but it happened to contain drugs, then that would not meet the requirement of knowingly possessing the drugs. Beyond that, the law only requires showing the person had it under his or her control. 

The definition of sale 

In terms of this charge, the word “sale” means any situation where one person offers a substance to another person in exchange for something of value. It does not require the exchange of money. It is also possible for a sale of illegal substances to not include the exchange of anything in return for the drugs. Giving them to someone as a gift or simply delivering them both are also considered a sale for the purposes of this charge. 

In addition, there must be intent. The person must have intended to sell the substance. The prosecution must show this condition existed. It must show the person intentionally entered into a situation that would make him or her aware he or she was selling the substance.