Possession with Intent to Sell 

Amount of Possession Determines Intent to Sell

If your car is searched during a traffic stop and drugs are found, the amount in your possession will determine if you will be charged with simple possession or with possession with intent to sell. The amount needed to escalate the charge to possession with intent to sell depends on the type of drug.

Drug possession with intent to sell is a felony charge that can be a federal charge if certain conditions exist, such as crossing state lines to obtain the drug. Federal courts have rules that are less flexible, and federal prosecutors are generally a notch above other prosecutors in terms of skill and experience. A federal charge is a serious matter that demands a criminal defense attorney who is at least as skilled and experienced as the prosecution.

Since 1987, attorney Kirk Migdal has been working exclusively in criminal law. He is licensed in state and federal court and the court of appeals. His success in high-profile, high-risk criminal defense is a testament to his creative approach, skilled investigation and thorough knowledge of the law.

Contact the Law Office of Kirk A. Migdal or call 330-608-6273 or 888-556-3493 for criminal defense of your intent to sell criminal charge. The Law Office of Kirk A. Migdal, located in Akron, Ohio, is a law office that focuses exclusively on criminal defense.

Minimal Amounts Become Felony Charges

A surprisingly small amount of a drug, with low purity, can result in a felony charge. In fact, you can be found guilty of drug possession with intent to sell for possessing the ingredients to produce meth (pseudoephedrine), even if you do not have a meth lab in operation.

According to the Office of National Drug Control Policy, powder and crack cocaine are the primary drugs in Ohio. Powder cocaine was responsible for 35.6 percent of the federal drug sentences and crack cocaine was 32.6 percent of the federal sentences. In one year alone, more than 500 kilograms of cocaine was seized and more than 42,000 cultivated marijuana plants were destroyed.

Drug trafficking involves the offer to sell or the actual sale of drugs. A drug possession with intent to sell charge can result from even a small amount of possession. Attorney Migdal can guide you in understanding the charge and the sentencing guidelines. The amount of a drug, or drug ingredient, which is the minimum amount to be charged as a felony, is shown below:

  • Marijuana — 200 grams or more for fifth-degree felony
  • Cocaine — Any amount of cocaine for fifth-degree felony, five grams of powder cocaine or one gram of crack cocaine for fourth-degree felony
  • Heroin — Any amount of heroin possession for fifth-degree felony, one gram of heroin (or 10 doses) for fourth-degree felony
  • Hashish — Five grams for fourth-degree felony
  • Methamphetamine — Illegal assembly or possession of chemicals (including pseudoephedrine) for the manufacture of meth is a third-degree felony

"I'd Like to Speak to My Lawyer."

If you are facing a methamphetamine charge, say nothing until you speak with attorney Migdal. He has saved lives, marriages, reputations and more. Call the Law Office of Kirk A. Migdal at 330-608-6273 or send an e-mail to arrange for an initial consultation.
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Tel: 330-608-6273

Law Office of Kirk A. Migdal
411 Wolf Ledges Parkway
Suite 400
Akron, OH 44311-1053
The Law Office of Kirk A. Migdal is a criminal defense law firm in Akron, Ohio, that serves clients in Summit County, Wayne County, Portage County, Stark County, Mahoning County, Cuyahoga County, Lorain County and Medina County which includes the cities of Canton, Cleveland, Wooster, Medina, Columbus, Toledo, Wadsworth, Fairlawn, Cuyahoga Falls, Massillon, Tallmadge, Barberton, Kent, Orrville, Youngstown and Ashland in representation within the Northern District of Ohio.