A possession charge can be based on actual or “constructive” possession of a controlled substance. A defendant may be in “constructive possession” even if the defendant doesn’t possess the drugs on their person.  If the defendant had access and control over the place where the substance was found then the defendant may be arrested for possession. The government does not have to actually prove that someone is using a controlled substance in order to charge them with possession. The theory of constructive possession is often used when illegal drugs are discovered in a car during a traffic stop or the home of a defendant.

If the substance amount exceeds a certain amount, the defendant can face distribution, trafficking, or manufacturing charges.

To prove an intent to sell, federal prosecutors consider a variety of factors including the following:

1. The quantity of Meth found;

2. How the Meth is packaged

3. How much money is found near the Meth or in the possession of the defendant;

4. The absence of paraphernalia suggesting that the Meth was for personal use.

5. Financial records showing Meth-related transactions

To be found guilty of possession of methamphetamine with intent to distribute, the government must prove the following elements beyond a reasonable doubt:

First: That defendant possessed a mixture or substance containing a controlled substance;

Second: That the defendant possessed the controlled substance knowingly or intentionally;

Third: That defendant intended to manufacture or distribute the controlled substance; and

Fourth: That the controlled substance was methamphetamine.

6.21.841A Controlled Substances – Possession with Intent to Distribute (21 U.S.C. § 841(a)