The law in Kentucky makes it a crime to possess drugs, including many prescription medications if no valid prescription is in the possession of the user. It is also illegal to manufacture substances or distribute them to others. Anyone caught with drugs in their possession or connected to the illegal drug trade could end up facing criminal charges.
Occasionally, someone accused of a drug offense faces the charge that falls in between distribution and possession. State prosecutors may claim that someone possessed in drugs with the intent of trafficking or distributing that substance to others.
What exactly does possession with intent mean in Kentucky?
The alleged possession was not for personal use
There are many circumstances in which state prosecutors could bring possession with intent charges against an individual. The type of drugs involved and several other factors, like someone’s criminal record, can influence what charges the state pursues. If someone has a history of drug trafficking or connections to the drug trade, prosecutors may seek to bring the harshest charges possible.
Possessing the precursor chemicals used to manufacture methamphetamine is sufficient reason for the state to pursue possession with intent charges under existing statutes. Other times, specific details present at the time of someone’s arrest may influence what charges prosecutors decide to pursue.
Someone who has certain paraphernalia on their person might appear to have an intent to distribute drugs to others. Scales, packaging and tools for handling certain drugs might lead to allegations of possession with intent in some cases. Other times, someone having numerous drugs in their possession or a unusually high volume of drugs could lead to allegations of possession with intent.
Why possession with intent is a concern
Not all drug charges in Kentucky carry the same consequences. Someone accused of possession with intent may face felony charges instead of a basic misdemeanor offense. The penalties that the courts impose after a conviction could potentially be more substantial in a case involving possession with intent allegations.
Those who understand the difference types of drug charges brought under Kentucky State statutes may find it easier to defend against pending charges. Reviewing the state’s case with a skilled legal team can help people craft the best response to a pending drug related charge.