Distribution of a controlled drug without authorization is a crime under both New Hampshire criminal law and Federal criminal law. New Hampshire criminal law defines distribution in RSA 318-B:2. Distribution is not limited to selling a controlled drug and the simple act of taking it into one’s possession and giving it to another person can give rise to this type of charge.
Generally any act of illegal distribution of a controlled drug can be charged as a felony level offense regardless of the type of controlled drug. It is common for prosecutors to allege this crime when a defendant is arrested with a quantity of marijuana, such as an ounce, that is broken into smaller quantities, such as quarters or eighths of an ounce.
If a defendant is convicted of distribution of a controlled drug this can trigger numerous collateral consequences. Some of these consequences include affecting one’s eligibility for federal financial aid and a loss of driving privileges.
If a defendant is convicted of drug distribution in either State or Federal Court, he could be subjected to forfeiture proceedings. Forfeiture is a civil process by which the prosecutor can take property, including a vehicle, home and money, that was the illegal proceeds of drugs, or was used to possess, manufacture or distribute them.
If you or someone you love has been charged with drug distribution, don’t wait. The criminal defense attorneys at Cohen & Winters can help — contact us today for a free consultation.