When a person is charged with the intent to sell drugs, he or she has usually not been caught in the act of selling drugs, but instead have been caught possessing drugs. The two convictions often have very different charges depending on the state and the drug involved. So why are they being charged with the intent to sell rather than merely possession?
The reason why a person might be charged with the intent to sell rather than possession of drugs is usually because of the amount of drugs that were found in his or her possession. If a person is carrying a significant amount more that what he or she could have personally consumed, it will be assumed that this drug was intended to be sold to others. Selling drugs or intending to sell drugs is a much more serious crime than possessing them.
In terms of defending yourself, if you have been convicted of intent to sell drugs, there are several options that you could take. The large quantity of drugs that were found in your possession may belong to you and a group of friends for the purpose of consuming together. If this is the case, you may only be charged with possession. If your apartment was searched, you might also be able to claim that your property was searched unlawfully.
Both drug possession and the intent to sell drugs are serious crimes. You should make sure to read up on the the possible penalties for the crime you are charged with and prepare adequately for a court case. An unsuccessful defense could lead to a felony and jail or prison time.
Source: FindLaw, "Drug possession defenses," accessed Oct. 13, 2017