Possession of a controlled substance with the intent to distribute is charged when a person is in possession of an illegal drug or for which they do not have a valid prescription and evidence of intent to distribute can be found such as: the drugs are packaged in small quantities individually wrapped, a large amount of currency is seized, scales, baggies, beepers or multiple cell phones are found. The quantity of drugs alone may trigger a charge of distribution or trafficking in the drug.

Penalties for possession with the intent to distribute depend on the type of drug and whether a person is charged as a subsequent offender. Punishment can range from probation to 2½ years in the house of corrections to 10 years in a state penitentiary; a subsequent offender would face a mandatory minimum sentence. A subsequent offender will face a 3 year mandatory sentence for cocaine and a 5 year mandatory minimum for heroin. The registry of motor vehicles normally will suspend the license of someone convicted of a drug offense; the length of the suspension varies depending on the charge.

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