Drug Crime Terminology Guide

The legal definition of a word may sometimes be much more specific than the way the word is used colloquially. Drug manufacturing, for example, includes more than simply creating drugs in a factory. Legally speaking, drug manufacturing includes cultivation or producing naturally occurring elements which may then be used to manufacture a drug. Other terms which individuals often get mixed up include, intent to sell, distribution, trafficking, possession, diversion, and more.

1. Possession – Drug possession is usually one of the less serious drug offences. Typically, being found guilty of possession will get you a hefty fine and, in some cases, jail time. Consequences vary based on the state, the type of drug you were in possession of, and whether this is a repeat offense. In order to be accused of possession, you must have (1) knowingly and intentionally possessed a controlled substance (2) without a valid prescription and (3) in a quantity sufficient for personal use or sale.
2. Intent to Sell – Intent to sell can be added on to a drug possession charge. A person being charged with intent to sell was not necessarily caught selling the drug but, there may be reason to believe that they planned on selling the drugs at a later date (typically because of a large quantity of drugs possessed).
3. Trafficking – If you are thought to have been selling very large amounts of drugs, a drug distribution charge could turn into a drug trafficking charge. Drug trafficking also occurs when drugs are distributed across state lines (a federal crime).
4. Manufacturing – Individuals can be charged for playing a role in drug manufacturing. This includes cultivation, growing, or possessing naturally occurring elements used in the production of drugs. This also includes drug production in a laboratory.
5. Diversion – This is allowed in many states, but not all. Diversion means that if you are a first time offender and you agree to plead guilty and attend a substance abuse program, you will maintain a clean record after a divisionary period (usually about a year and a half). You must not commit any any additional offences during this period in order to have your record stay clean.

If you are being charged with a drug crime and still have questions, contact attorney David M. Dudley today. Mr. Dudley is a federal and state criminal defense attorney with years of drug-related crimes experience. Call 800-805-6167 for a free case evaluation.

Drug Crime Terminology Frequently Asked Questions

What Is the Difference Between Drug Possession and Intent to Sell?

Drug possession is a criminal charge that occurs when someone knowingly possesses a controlled substance without a valid prescription, typically in a quantity for personal use. Intent to sell represents a more serious offense, distinguished by evidence suggesting planned distribution such as large drug quantities, packaging materials, scales, and suspicious cash or communication devices. While possession is generally a less serious charge, intent to sell carries significantly more severe legal consequences, potentially resulting in more substantial penalties and longer potential prison sentences.

What Does Drug Manufacturing Really Mean Under the Law?

Drug manufacturing extends far beyond traditional factory production, encompassing a broad range of activities involving controlled substances. Legally, it includes cultivating drug-producing plants, extracting raw materials, creating drugs in laboratories, and possessing chemicals used in drug production. The law considers both natural and synthetic drug creation, meaning individuals can face manufacturing charges for various activities related to drug preparation. The severity of these charges depends on the type of substance, quantity, and the specific role in the drug production process.

How Can First-Time Offenders Avoid a Permanent Criminal Record?

Drug diversion offers a rehabilitative approach for first-time, non-violent drug offenders in select states. This program allows individuals to plead guilty to an initial charge while avoiding a permanent criminal record by completing a substance abuse treatment program. Participants must maintain a clean record and comply with program conditions during a supervisory period, typically lasting around 18 months. Successfully completing the program can preserve future opportunities in education and employment by preventing a lasting criminal conviction.