Trafficking in Illegal Drugs
To prove this the state must prove all of the following:
- The defendant knowingly sold, purchased, manufactured, delivered, or possessed
- A controlled substance (or a mixture containing a controlled substance)
- The weight of which is more than 5 grams (Federal) most States’ trafficking charges start at 28 grams for ‘controlled substances’. Trafficking in some pills can be as few as ONE pill!
- Knowing the substance or mixture contained a controlled substance
- With the intention to sell, purchase, manufacture or deliver the controlled substance.
The State does not have to prove a sale. Giving drugs (at a party for example) is trafficking for some pills.
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