What is the difference between intent to sell and possession for sale?
Intent to sell and possession for sale of drugs are both criminal offenses in Kansas. However, they are two separate offenses with different legal implications. Intent to sell involves the intent to deliver, distribute, or dispense drugs to another party. The intent to sell can be inferred from a wide range of circumstantial evidence and does not necessarily require a transfer to take place. Evidence which may be used to infer intent to sell includes large amounts of cash, presence of scales, presence of drug packaging, or even associations with known drug dealers. Possession for sale, on the other hand, requires actual possession of the drug with the intent to sell. The intent to sell may be inferred from the same circumstantial evidence as intent to sell, but it must also include actual possession of the drug. The amount of drugs in possession can serve as circumstantial evidence of intent to sell. In Kansas, the penalties for both intent to sell and possession for sale can be serious. Depending on the type and amount of drug, the penalties can include fines, imprisonment, or both. It is important to know the differences between intent to sell and possession for sale when facing drug charges in Kansas.
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