Interviewer: Moving on from just possession now to intent to sell or intent to transport, what are the criteria for that to happen?
Michael Munoz: There are numerous ways that someone can get caught up with a charge with transportation or sale of drugs. A lot of people think that implies that they must catch you selling drugs, and that’s just not the case. Moving drugs from one place to another would qualify for that transportation or sale charge. Trying to send drugs in the mail would qualify for that. There are many different ways that the state can try to use the sale or transportation of drug charges.
Intent to Transport Charges Depend upon the Quantity of Drugs Apprehended
Interviewer: What happens if you’ve got some marijuana in your car? The very act of it being in the car means you’re transporting it. Would they try to get you for that transport charge?
Michael Munoz: That’s possible. It depends on the amount of marijuana. If you have an amount over two pounds, which is over threshold, then they’re probably going to add that transportation or sale charge. If the amount is small, it’s probably going to just a normal possession charge.
The Amount of Drugs Apprehended Varies from Case to Case
Interviewer: What are the amounts that you see that people have when they get in trouble? Are people carrying around large amounts, or they really usually carry an ounce or a small amount? What do you see?
Michael Munoz: The range is all over the place. The truth is some people have it for their personal possession, and some people are caught with large amounts.
Interviewer: Does the state tend to follow the two-pound rule, or do they pretty heavily prosecute someone that has only a quarter of an ounce or a small amount?
Michael Munoz: They are looking for stronger cases that are over threshold usually.
Interviewer: How do these transport cases come up? Are they different from possession? What’s the typical circumstance?
Michael Munoz: Traffic stops, post office boxes, people trying to mail things, and things of that nature are typical.
The State Has Different Options When Charging Someone with Intent to Transport or Sell Drugs
Interviewer: Does intent to sell always accompany transport, or are they broken up separately? What are you seeing out there happening?
Michael Munoz: The way the statute is written, it’s “and/or.” It can be and/or, so sometimes someone’s not caught transporting, or it’s more of a sale case. Sometimes it’s more of a transport case and not a sale case. The state, in terms of how the law is written, has lots of different options on how they want to charge it.
Interviewer: If someone is transporting on an amount that’s over threshold, will they always be charged with intent to sell as well?
Michael Munoz: Yes, because it’s probably going to be over threshold, so they kind of go hand in hand.
Possession of Over 2 Pounds of Drugs Can Result in a Charge of Intent to Sell, Transport, Possession and Paraphernalia, All at Once
Interviewer: If you were carrying over two pounds, they’ll probably charge you with intent to sell, transport, and possession, and paraphernalia, all at once, right?
Michael Munoz: Yes, that’s a possibility. It’s not guaranteed. It just depends on how the prosecutor decides to charge it.
Interviewer: More often than not, what are you seeing? Are prosecutors doing that?
Michael Munoz: Yeah. They’ll throw it all on there.