This article continues the Analysis of Select Offenses article by discussing the crime of Dristribution of a Controlled Dangerous Substance. The previous section described the crimes of possession of a controlled dangerous substance and possession of paraphernalia used with controlled dangerous substances.
Distribution of a CDS
It is against the law to manufacture, distribute or dispense a CDS, or to possess a CDS with the intent to distribute it, without an appropriate license (Distribution Offense). A conviction under this section of the Drug Statute will be influenced by the quantity, type of drug involved and the age of the participants involved in the transaction.
Conviction of distributing heroin or cocaine in the amount of five ounces or more, including dilutants or adulterants, will result in a sentence for a first degree crime, which has a sentencing range of 10 to 20 years. In addition, the court must impose a period of parole ineligibility from between one-third and one-half of the sentence and may impose a fine up to $500,000. On the other hand, the conviction is for distributing marijuana that is less than one ounce you will be guilty of a crime of the fourth degree.
To be convicted of a Distribution Offense, one does not have to sell the CDS for profit. It is sufficient, for example, to give a CDS as a gift, or share it with social guests. Even passing a marijuana cigarette to a friend may be considered a Distribution Offense.
It is also possible to be convicted of a Distribution Offense by possessing a CDS with the intent of distributing it later. The government will look to a whole host of factors to obtain a conviction for possession with the intent to distribute. Some of those factors include: (1) the weight of the CDS; (2) its purity; (3) the nature of the packaging (i.e. 2 or 3 vials of crack cocaine versus 300 vials); (4) the proximity of distribution paraphernalia to the CDS (i.e. scales, cutting-agents packaging, etc.); (5) one's conduct; and, (6) the amount of money on the person.
The Drug Statute also covers the sale of, or possession with intent to sell, an imitation CDS. Thus, a person can be convicted under the "look-alike" section of the Drug Statute if he/she represents to another during a transaction, that the white powder in a container is cocaine, when it is only aspirin.
