Possession of a controlled substance with the intent to sell or distribute it will bring harsher charges. They are almost exactly the same in terms of the crime, except the prosecution must prove you intended to sell or distribute the drugs. Usually, the intent to distribute the controlled substance is assumed when you possess an amount too large to be for personal use only. However, if there are other indications that selling is intended, such as packaging materials, large quantities of cash, and customer communication, the prosecution will have a stronger case for pushing an intent to sell charge.
Types of Charges
Depending on how much of a controlled substance you were found with, the charge might be a misdemeanor or a felony. For example, with marijuana possession, having up to 20 grams of marijuana would be considered a 1st-degree misdemeanor. This could get you up to 1 year in jail in addition to court costs. Defendants with at least 4 prior convictions could be sentenced to 1 year in jail, mandatory treatment, or home detention for up to 1 year. Having more than 20 grams of marijuana, up to 28 grams of cocaine, up to 10 grams of ecstasy or MDMA, up to 1 gram of LSD, or up to 4 grams of heroin or opiate is a 3rd-degree felony. If you are charged with this, you could face up to 5 years in prison. The most severe penalties come with possessing a large amount of controlled substance. More than 25 pounds of marijuana, 28 grams of cocaine, 10 grams of ecstasy or MDMA, 1 gram of LSD, or 4 grams of heroin or opiate can lead to a 1st-degree felony, which could get you up to 30 years in prison and $250,000 in fines. Additionally, there are mandatory minimum sentences for this level of offense, though they depend on the type of drug and the amount possessed.