Possession With Intent to Distribute: Why It’s More Serious and What It Means for Your Case

Getting charged with possession with intent to distribute is a whole different situation than just simple possession, even if you never sold anything.

In Georgia, prosecutors can use that charge if you had a larger amount of drugs or if they think the circumstances look like you were planning to sell. Sometimes it’s just the amount. Sometimes it’s what they find with it: baggies, cash, a scale, stuff like that.

It doesn’t take an actual sale. Just what they think your intent was.

Let’s break down how that works here in Georgia.

What “intent to distribute” really means

You don’t have to be caught selling anything to get hit with intent to distribute in Georgia. Most people don’t know that.

They don’t need proof of a sale. Just two things: that you had the drugs, and that you meant to give or sell them to somebody else.

And that “intent” part? They build that off whatever else they find. If it’s more than just a small amount… if there are baggies, or a scale, or cash… sometimes even texts on your phone. That’s what they use.

If they think it looks like you were planning to deal, they’ll upgrade the charge. Now it’s not just possession; now it’s possession with intent to distribute. That’s a felony. That’s real time. That’s a permanent mark.

It’s not always about what you actually did. A lot of the time, it’s just about what they think you were going to do.

Why intent matters

In Georgia, just having drugs doesn’t automatically mean they’ll charge you with intent to distribute. That part isn’t automatic. They have to show more than mere possession. It usually comes down to context.

If someone’s caught with a small amount of weed, that might just be a misdemeanor. But if you’ve got a larger amount of something like cocaine, plus baggies, a scale, and messages on your phone that look like drug deals, they’re likely going to say that your intent was to distribute.

That’s when things change. That’s when they start building a case for intent. That turns it into a much more serious charge.

Defense considerations

Most of the time, the charge is based on what they think you were going to do with the drugs. Not what you actually did. That’s where a lot of defenses come from. We push back on what the law assumes.

Maybe the amount was small. Maybe it was just for you, not for selling. Just because there were baggies doesn’t mean you were dealing. Just because you had some texts doesn’t mean they were about drugs. Sometimes, the drugs weren’t even yours.

Intent’s in your head. They can’t see it. They have to guess. That’s what they’re trying to prove. What you meant to do. That’s not necessarily easy.

A good lawyer will go through every little piece they’re using and ask, “Is that legitimate?” or are they just guessing? 

Talk to a Cobb County, Georgia, Drug Crimes Attorney Today 

Andrew L. Schwartz, P.C., represents the interests of Cobb County residents who have been charged with various drug crimes. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin discussing your next steps right away.