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What differentiates intent to distribute from simple drug possession?

The difference between a charge of simple possession of a controlled substance and possession with intent to distribute is based on a number of factors. In many cases, the decision to pursue a charge of intent to distribute is based on the amount of the substance found in the individual’s possession – the more that is found, the more likely an intent to distribute charge will be pursued. Additional factors, such as packaging of the drug or presence of measuring equipment, can also result in this type of charge.

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