Possession of Marijuana With Intent to Distribute
If you are accused of being a marijuana dealer, you could face particularly high penalties. That is because those that sell cannabis are a particular target of the federal and Iowa's government's "War on Drugs." Even selling a dime bag could get you time in prison and a felony record. Prosecutors may be particularly aggressive, and try their hardest to get a conviction.
Des Moines Marijuana Distribution Lawyer
A tough defense that will fight back could be key to you keeping your freedom. At McCarthy & Hamrock, P.C., we have more than 40 years of legal experience to rely upon, and we'll use those skills to defend you against possession with intent to distribute charges. A Des Moines marijuana distribution lawyer from McCarthy & Hamrock, P.C. will fight for your rights, seeking to suppress inadmissible evidence to have your charges reduced or dismissed. Call us today at (515) 279-9700 to set up a consultation.
We represent those accused of selling marijuana in the Des Moines area, including in West Des Moines, Johnston, Ankeny and throughout Polk and Dallas Counties, and throughout the state of Iowa.
Defining Intent to Distribute in Iowa for Marijuana Charges
Distribution charges may be based on your alleged behavior. For instance, if you are accused of attempting to sell pot to an undercover officer, or if police surveillance supposedly caught you in the middle of a transaction, that evidence may be used against you for distribution charges.
However, the mere possession of cannabis with certain contributing factors can also lead to possession with intent to distribute accusations. Prosecutors may use the amount of marijuana, the way the marijuana was packaged, any paraphernalia or equipment, like baggies or scales, or large amounts of cash as evidence for charges of selling pot.
For instance, if police were to find an ounce of marihuana on you, that alone is unlikely to lead to possession with intent to distribute charges. But if it were an ounce divided and packaged into four baggies, and you also had $1,000 on your person in $20, it might lead to distribution charges.
Punishment for Selling Cannabis in Polk County
Any possession with intent to distribute charge is a felony, no matter how small-scale, unless there was no remuneration (for free) and it was less than a half ounce, in which case it is a simple misdemeanor. The extent of the possession charge will depend upon how much marijuana prosecutors can prove you possessed.
For 50 kilograms or less, you could face up to five year in prison and up to a $7,500 fine. For between 50 and 100 kilograms, you could be in prison for up to 10 years and be fined up to $50,000. For between 100 and 1,000 kilograms, the maximum punishment is 25 years in prison and a $100,000 fine. More than 1,000 kilograms could lead to a sentence of 50 years in prison and a $100,000 fine.
Furthermore, if you are charged with selling any amount of weed to a minor, you will face a mandatory minimum five years in prison, and you could be sentenced to up to 25. If it was to a minor within 1,000 feet of a elementary or middle school, a park or a bus, the minimum is 10 years.
Possible Defenses for Des Moines Marijuana Distribution Charges
In any possession with intent to distribute marijuana charge, intent is a key element to the prosecution's case. They must prove intent, along with all other elements, beyond a reasonable doubt. Your Des Moines marijuana defense lawyer can show the holes in their case and explain to the jury why they must acquit if they can see reasonable doubt in any element.
The prosecution will submit evidence, including the marijuana itself. That evidence was also likely found as the result of a search. Police must carefully follow certain procedures for any search. If they fail to follow those procedures, the evidence found as a result of the search may be inadmissible. You lawyer can carefully review all details and move to exclude evidence that is inadmissible because of a search or any other reason, leading your charges being reduced to simple possession or dropped entirely.
McCarthy & Hamrock, P.C. | Polk County Attorney for Sale of Cannabis
If you are facing charges of possession with intent to distribute marijuana, call an experienced criminal defense attorney from McCarthy & Hamrock, P.C.. A skilled Des Moines marijuana distribution lawyer can make the difference between liberty and prison. Call us today at (515) 279-9700 to set up a free consultation.