DELIVERY OF A CONTROLLED SUBSTANCE

 AND POSSESSION WITH INTENT TO DELIVER

Delivery of a controlled substance is defined as the transfer of a controlled substance from one person to another. The crime does not require a financial transaction. Just handing the drugs to another person will support a guilty verdict, even if no money changed hands.

A delivery charge typically arises in one of two ways:

1. The police observe you delivering a controlled substance to another person. The police call this a “See-Pop.”
2. The police use an undercover officer to buy drugs from you, often with marked money. The police call this a “Buy-Bust.”

Because suspects are not always arrested immediately after the crime is committed, the police have been known to arrest the wrong person.

Possession with intent to deliver may be charged by the government if they do not have evidence of an actual delivery, but believe you intended to deliver the drugs in your possession at the time of your arrest. The same defenses that apply to a simple possession are available here as well. These include a challenge to the legality of the police search for the drugs, and whether the drugs were actually in your possession.

Additionally, the government must prove you actually intended to deliver the drugs to another person. Evidence the government often relies upon includes:

1. A quantity of drugs that appears to be more than what is typically consumed by an individual
2. Controlled substances that are pre-portioned into many small packages
3. A large amount of cash

Drug Court may be available in some counties for those who do not wish to fight the charges. Drug Court is a means of avoiding a conviction. The requirements are rigorous, but the reward of kicking a drug addiction and avoiding a conviction make this a worthwhile option for many.