Evidence of Intent to Distribute A Controlled Substance in Virginia

To convict an offender of possession with intent to distribute a controlled substance in Virginia under Va. Code §18.2-248, the Commonwealth needs to prove possession of a controlled substance as well as an intent to distribute.  It does not matter where the offender planned on distributing the controlled substance-only that he possessed a controlled substance in Virginia with the intent to distribute anywhere.

Proof of Intent to Distribute A Controlled Substance in Virginia

Unless the offender made statements or admissions, intent to distribute a controlled substance in Virginia is usually proven with circumstantial evidence.  The most common evidence used to prove intent to distribute a controlled substance in Virginia is quantity of the controlled substance and it’s packaging.

• Quantity-If the amount of the controlled substance that the offender possessed was more than someone would normally have for his own personal use, this can be evidence of an intent to distribute.  However, possession by itself is not enough to convict an offender of possession with intent to distribute in Virginia.  It is generally a large amount of the drug, combined with other evidence.
• Packaging means the way the controlled substance was broken down into smaller units.  A police officer can testify that drugs were packaged for distribution, if he is qualified as an expert.  A large amount of drugs packaged in small units is often used to prove an intent to distribute.

Other evidence that can be used to prove intent to distribute a controlled substance in Virginia includes the presence of:

• a gun
• a pager
• large amount of cash, or
• drug selling paraphernalia, such as:
  • scales
  • baggies
  • razors, or
  • foil.

The Commonwealth can also prove intent to distribute a controlled substance in Virginia with evidence that someone recently used the controlled substance in the offender’s presence, evidence that the offender possessed the drugs on a recognized drug route, proof of prior similar offenses committed by the offender, and even a lack of evidence that the offender personally uses the controlled substance,

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***