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Possession of Marijuana with Intent to Distribute, How a Misdemeanor becomes a Felony

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I had a misdemeanor amount of weed (less than one ounce) but I am being charged with a felony, what gives?

The Offense

Pursuant to O.C.G.A. §16-13-30(j)(1), “it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute marijuana.” Even though the police and prosecutor may not be able to prove an actual sale occurred, they will try to discover and introduce circumstantial evidence that the person intended to distribute marijuana.

Circumstantial evidence of intent to distribute can include: scales, empty Ziploc bags, drug paraphernalia, large amounts of cash in different denominations, firearms, division of drugs into individual packages, cell phone data, or a prior conviction of possession with intent to distribute.

Possible Punishment

O.C.G.A. §16-13-30(j)(2) states that anyone violating O.C.G.A. §16-13-30(j)(1) “shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.” This charge is eligible for probation, but a felony conviction can create issues in obtaining employment, housing, and schooling.

If no defenses are available, certain sentencing options such as conditional discharge or first offender treatment may be available which ultimately result in the case getting dismissed.

Contact Us

If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

Possession with Intent to Distribute in Georgia Law

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If you have been arrested for Possession with Intent to Distribute in Georgia, it is imperative that you hire an attorney quickly. Possession with Intent to Distribute cases often are won by filing a Motion to Suppress. These motions must be filed within 10 days of arraignment. If you do not properly file them, they are waived and you will potentially lose the ability to beat your case.

It is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possession with the intent to distribute any controlled substance. O.C.G.A. 16-13-30(b).

What does the District Attorney have to prove?

The prosecutor must prove that the Defendant intended to sell or distribute the drug that is in his possession. If you are simply in possession of the drug but not intending to sell or distribute it, then you cannot be convicted of Possession with Intent.

However, even if you possess only a small amount of a drug, you can still be charged with Possession with Intent to Distribute. To prove intent to sell, the State would have to show evidence of baggies, a scale, large amount of currency or other drug paraphernalia. The State could also show it through a prior conviction for Possession with Intent to Distribute or expert testimony that the amount was consistent with someone selling it rather than just using for personal consumption.

If you are charged with Possession with Intent to Distribute, please call us at 404-581-0999 for a free consultation. We have offices in both downtown Atlanta and Marietta.