Specific intent to manufacture, distribute, or dispense the possessed controlled substance

AND · 21usc841:intent-to-distribute

Routinely inferred from distribution-level quantity, purity, street value, packaging materials, scales, ledgers, firearms, or absence of personal-use paraphernalia.

Exact element source

with intent to manufacture, distribute, or dispense
Source: docroot/ir/usc/title21.jsonl#title21_sec841; Unicode character offsets [203:254] (end exclusive); SHA-256 ebaba73bf6e21a591f44bf851f24a052a5687813c505030cd9483e17753e9420.

All variants

Recorded DB variant labels, including zero-count variants
VariantDescriptionMerits instance blocksDistinct casesExample cases (up to 3 per group)
categorical-match/state-possession-with-intent-offense0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /us/569/0184-01 — Supreme Court of the United States · 2013 — comparator/merits

inferred/quantity-inconsistent-with-personal-use-plus-supplier-testimony0
Satisfied 0; not satisfied 0; excluded context 1
0No counted merits examples

Excluded context examples: /f-supp-3d/225/0274-01 — United States District Court for the District of New Jersey · 2016 — applied/hypothetical

inferred/quantity-purity-scale-and-unaffordable-claimed-habit1
Satisfied 1; not satisfied 0; excluded context 0
1/f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986 — satisfied
inferred/quantity-value-scales-and-prior-sale1
Satisfied 1; not satisfied 0; excluded context 0
1/f3d/20/0229-01 — United States Court of Appeals for the Sixth Circuit · 1994 — satisfied
Unspecified variantNo variant assigned in the database.0
Satisfied 0; not satisfied 0; excluded context 5
0No counted merits examples

Excluded context examples: /f-supp-2d/427/0894-01 — United States District Court for the District of Minnesota · 2006 — background/merits; /f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983 — rule-announced/merits; /f3d/235/0565-01 — United States Court of Appeals for the Tenth Circuit · 2000 — applied/merits

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopeVariantExact source quotations
/f-supp-2d/427/0894-01 — United States District Court for the District of Minnesota · 2006Specific intent to manufacture, distribute, or dispense the possessed controlled substancenot_reached
Excluded from merits counts
background / merits

claim: (a)(1),(b)(1)(A)

Unspecified variantNo source quotation recorded for this block.
/f-supp-3d/225/0274-01 — United States District Court for the District of New Jersey · 2016Specific intent to manufacture, distribute, or dispense the possessed controlled substancesatisfied
Excluded from merits counts
applied / hypothetical

basis: proved; claim: (a)(1),(b)(1)(A); count: 2009 Missouri traffic-stop seizure (uncharged episode; intrinsic evidence of the Count 1 846 conspiracy, not Count 2); subject: count=2009 Missouri traffic-stop seizure (uncharged episode; intrinsic evidence of the Count 1 846 conspiracy, not Count 2)

Arises from an evidentiary objection (prosecutor's reference to "possess with intent to distribute" for an episode that ended in a state simple-possession plea). For Count 2 itself the judge says only that intent evidence "was more than adequate" and sets it aside.
inferred/quantity-inconsistent-with-personal-use-plus-supplier-testimony
They heard evidence that a typical user would consume a gram or less, and that it would take one person perhaps a year to consume a pound.
Source: docroot/ir/caselaw/f_supp_3d_225.jsonl#/f-supp-3d/225/0274-01; Unicode character offsets [12515:12653] (end exclusive); SHA-256 7c9b8effe79b40465d8f54b688db37727be6b83430d03638ebb585ba402cc592.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

They heard testimony that Ms. Tiangco was then a regular distributor of supplier Javier Diaz’s product in pound quantities, of which this was one.
Source: docroot/ir/caselaw/f_supp_3d_225.jsonl#/f-supp-3d/225/0274-01; Unicode character offsets [12684:12830] (end exclusive); SHA-256 7c9b8effe79b40465d8f54b688db37727be6b83430d03638ebb585ba402cc592.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

They heard her own post-arrest statement admitting that she took (stole, she said) the package because she wanted to make some money to redeem herself in her mother’s eyes.
Source: docroot/ir/caselaw/f_supp_3d_225.jsonl#/f-supp-3d/225/0274-01; Unicode character offsets [12954:13126] (end exclusive); SHA-256 7c9b8effe79b40465d8f54b688db37727be6b83430d03638ebb585ba402cc592.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

So intent to distribute would be a permissible, indeed nearly inescapable, inference.
Source: docroot/ir/caselaw/f_supp_3d_225.jsonl#/f-supp-3d/225/0274-01; Unicode character offsets [13158:13243] (end exclusive); SHA-256 7c9b8effe79b40465d8f54b688db37727be6b83430d03638ebb585ba402cc592.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983Specific intent to manufacture, distribute, or dispense the possessed controlled substancenot_reached
Excluded from merits counts
rule-announced / merits

claim: (a)(1)

Recited as an element but not disputed (388,000 tablets in a negotiated 400,000-tablet sale to an undercover agent).
Unspecified variant
In order to sustain a conviction of possession with intent to distribute a controlled substance, the government must prove three essential elements: (1) knowing (2) possession of a controlled substance (3) with intent to distribute it.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [16881:17116] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986Specific intent to manufacture, distribute, or dispense the possessed controlled substancesatisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1); party: Prieto-Tejas; count: substantive 841(a)(1) possession-with-intent count; subject: party=Prieto-Tejas; count=substantive 841(a)(1) possession-with-intent count

About 30 g (roughly one ounce) of high-purity cocaine: not a quantity that alone compels the inference. Personal-use defense defeated by the defendant's own numbers (claimed habit cost more than his income), plus a cocaine-dusted scale and purity suited to cutting.
inferred/quantity-purity-scale-and-unaffordable-claimed-habit
The bags contained 27.79 grams of 82 percent pure cocaine and 2.89 grams of 73 percent pure cocaine.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [6630:6730] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The evidence suggested that this cocaine was of a purity usually diluted for distribution.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [6839:6929] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The scale had traces of cocaine in the weighing pans and the DEA agent testified that scales of this type are commonly used by those who sell cocaine, but not often by purchasers.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [9212:9391] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Prieto-Tejas testified that he was addicted to cocaine and that at the time of his arrest he had been using up to three or four grams a day for several months.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [7439:7598] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: fact; polarity: cuts-against; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Construed most favorably to him, his testimony would indicate that his total income was at the most $2,000 per month.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [8243:8360] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Intent to distribute a controlled substance may generally be inferred solely from possession of a large amount of the substance.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [5865:5993] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The purity and value of the substance also are relevant to the possessor’s intent to distribute.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [6177:6273] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Therefore, a reasonable factfinder could infer either that he did not use a large amount and intended to sell a portion of the cocaine, or that he did consume large amounts and also sold cocaine to supplement his income in support of his expensive habit.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [8838:9092] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The presence of the scale in addition to the quality and quantity of the cocaine and Prieto-Tejas’s testimony concerning his cocaine use support a finding of his intent to distribute.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [9392:9575] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/20/0229-01 — United States Court of Appeals for the Sixth Circuit · 1994Specific intent to manufacture, distribute, or dispense the possessed controlled substancesatisfied
Counted merits instance
applied / merits

basis: proved; claim: (a)(1),(b)(1)(D)

Personal-use claim (single sale to an informant is not enough) rejected: 15 lb, $35,000 street value, scales, grow equipment, same-day sale and admitted sharing with friends.
inferred/quantity-value-scales-and-prior-sale
Moreover, government witnesses testified that in the search of defendant’s house they seized over 15 pounds of high-quality marijuana, which had a street value of over $35,000.00, hand scales suitable for weighing and measuring quantities of marijuana, growing lamps, and a book describing how to grow marijuana.
Source: docroot/ir/caselaw/f3d_20.jsonl#/f3d/20/0229-01; Unicode character offsets [7933:8245] (end exclusive); SHA-256 1b8c4fb6d1b27c83cc97582c53236d4fe132b40a4a1a11e5f6552d400bb8d267.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

For instance, the government introduced at trial the marked money used by the government informant to purchase marijuana from defendant on November 20, 1991.
Source: docroot/ir/caselaw/f3d_20.jsonl#/f3d/20/0229-01; Unicode character offsets [7775:7932] (end exclusive); SHA-256 1b8c4fb6d1b27c83cc97582c53236d4fe132b40a4a1a11e5f6552d400bb8d267.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

The government also introduced defendant’s own admission that he gave the government informant a bag of marijuana and that he used to share marijuana with friends.
Source: docroot/ir/caselaw/f3d_20.jsonl#/f3d/20/0229-01; Unicode character offsets [8246:8409] (end exclusive); SHA-256 1b8c4fb6d1b27c83cc97582c53236d4fe132b40a4a1a11e5f6552d400bb8d267.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Moreover, the government could satisfy its burden of establishing that defendant knowingly or intentionally possessed marijuana with intent to distribute it through the inferences drawn from evidence such as the quantity of the marijuana involved, United States v. Faymore, 736 F.2d 328, 333 (6th Cir.), cert. denied, 469 U.S. 868, 105 S.Ct. 213, 83 L.Ed.2d 143 (1984), the estimated street value of the marijuana, id., the purity of the marijuana, United States v. Blake, 484 F.2d 50, 58 (8th Cir.1973), cert. denied, 417 U.S. 949, 94 S.Ct. 3076, 41 L.Ed.2d 669 (1974), and other evidence which would support the inference that the marijuana was not intended to. be used for personal use.
Source: docroot/ir/caselaw/f3d_20.jsonl#/f3d/20/0229-01; Unicode character offsets [5444:6133] (end exclusive); SHA-256 1b8c4fb6d1b27c83cc97582c53236d4fe132b40a4a1a11e5f6552d400bb8d267.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In satisfying its burden of establishing that defendant knowingly or intentionally possessed the marijuana with the intent to distribute it, the government introduced, through the testimony of several witnesses, evidence which inferred that the marijuana possessed by defendant was not for his personal use.
Source: docroot/ir/caselaw/f3d_20.jsonl#/f3d/20/0229-01; Unicode character offsets [7467:7774] (end exclusive); SHA-256 1b8c4fb6d1b27c83cc97582c53236d4fe132b40a4a1a11e5f6552d400bb8d267.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

/f3d/235/0565-01 — United States Court of Appeals for the Tenth Circuit · 2000Specific intent to manufacture, distribute, or dispense the possessed controlled substancenot_reached
Excluded from merits counts
applied / merits

claim: (a)(1),(b)(1)(A),(b)(1)(B)

Found by the jury on count eight but not challenged on appeal; the hand-to-hand contacts outside the apartment are discussed only for Fourth Amendment reasonable suspicion.
Unspecified variantNo source quotation recorded for this block.
/f3d/57/0516-01 — United States Court of Appeals for the Seventh Circuit · 1995Specific intent to manufacture, distribute, or dispense the possessed controlled substancenot_reached
Excluded from merits counts
applied / merits

claim: (a)(1)

Not contested on appeal; the court treats evidence of intent to purchase as irrelevant to possession.
Unspecified variantNo source quotation recorded for this block.
/f3d/767/0453-01 — United States Court of Appeals for the Fifth Circuit · 2014Specific intent to manufacture, distribute, or dispense the possessed controlled substancenot_reached
Excluded from merits counts
comparator / merits

claim: (a)(1)

No § 841 charge; the scope of federal "distribute or dispense" is construed only as the generic yardstick for the state offence (see x-categorical-match).
Unspecified variantNo source quotation recorded for this block.
/us/569/0184-01 — Supreme Court of the United States · 2013Specific intent to manufacture, distribute, or dispense the possessed controlled substancesatisfied
Excluded from merits counts
comparator / merits

basis: law; claim: (a)(1),(b)(1)(D),(b)(4); party: Attorney General Holder / the Federal Government (respondent; the side asserting the § 841 felony match); Adrian Moncrieffe, noncitizen ordered removed (petitioner); count: the COMPARED offense, not a § 841 count: Georgia offense of conviction, possession of marijuana with intent to distribute, Ga. Code 16-13-30(j)(1); theory: categorical comparison in the abstract to 841(a)(1): first condition, the state offense necessarily proscribes CSA conduct; subject: party=Attorney General Holder / the Federal Government (respondent; the side asserting the § 841 felony match); Adrian Moncrieffe, noncitizen ordered removed (petitioner); count=the COMPARED offense, not a § 841 count: Georgia offense of conviction, possession of marijuana with intent to distribute, Ga. Code 16-13-30(j)(1); theory=categorical comparison in the abstract to 841(a)(1): first condition, the state offense necessarily proscribes CSA conduct

Not a finding about what Moncrieffe did: the state offense's elements (possession, marijuana, intent to distribute) correspond to the 841(a)(1) offense. The actual facts are legally irrelevant under the categorical approach (hence the 1.3 g fact is [neutral]; v1 had to tag it cuts-against).
categorical-match/state-possession-with-intent-offense
Moncrieffe pleaded guilty to possession of marijuana with intent to distribute, a violation of Ga.Code Ann. § 16-13-30(j)(1) (2007).
Source: docroot/ir/caselaw/us_569.jsonl#/us/569/0184-01; Unicode character offsets [3052:3184] (end exclusive); SHA-256 83d74d149cfb2b77011039cc127c0214d4fc14fb10708357fa68e3629127e81b.

Evidence kind: fact; polarity: supports; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

In other words, to satisfy the categorical approach, a state drug offense must meet two conditions: It must "necessarily" proscribe conduct that is an offense under the CSA, and the CSA must "necessarily" prescribe felony punishment for that conduct.
Source: docroot/ir/caselaw/us_569.jsonl#/us/569/0184-01; Unicode character offsets [9133:9383] (end exclusive); SHA-256 83d74d149cfb2b77011039cc127c0214d4fc14fb10708357fa68e3629127e81b.

Evidence kind: rule; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

There is no question that it is a federal crime to "possess with intent to ... distribute ... a controlled substance," 21 U.S.C. § 841(a)(1), one of which is marijuana, § 812(c). So far, the state and federal provisions correspond.
Source: docroot/ir/caselaw/us_569.jsonl#/us/569/0184-01; Unicode character offsets [10025:10256] (end exclusive); SHA-256 83d74d149cfb2b77011039cc127c0214d4fc14fb10708357fa68e3629127e81b.

Evidence kind: held; polarity: not recorded; absent flag: 0; quoted-rule flag: 0 (1 = tagged; 0 = not tagged)

Court interpretations

interpretation

In order to sustain a conviction of possession with intent to distribute a controlled substance, the government must prove three essential elements: (1) knowing (2) possession of a controlled substance (3) with intent to distribute it.

/f2d/701/1349-01 — United States Court of Appeals for the Eleventh Circuit · 1983

In order to sustain a conviction of possession with intent to distribute a controlled substance, the government must prove three essential elements: (1) knowing (2) possession of a controlled substance (3) with intent to distribute it.
Source: docroot/ir/caselaw/f2d_701.jsonl#/f2d/701/1349-01; Unicode character offsets [16881:17116] (end exclusive); SHA-256 06c4eb390b9d5107032af6ab238d0a354dab17499cbb12fe72ac63a7ff8ec7ed.

Routinely inferred from distribution-level quantity, purity, street value, packaging materials, scales, ledgers, firearms, or absence of personal-use paraphernalia.

interpretation

Intent to distribute a controlled substance may generally be inferred solely from possession of a large amount of the substance.

/f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986

Intent to distribute a controlled substance may generally be inferred solely from possession of a large amount of the substance.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [5865:5993] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Routinely inferred from distribution-level quantity, purity, street value, packaging materials, scales, ledgers, firearms, or absence of personal-use paraphernalia.

interpretation

The purity and value of the substance also are relevant to the possessor’s intent to distribute.

/f2d/779/1098-01 — United States Court of Appeals for the Fifth Circuit · 1986

The purity and value of the substance also are relevant to the possessor’s intent to distribute.
Source: docroot/ir/caselaw/f2d_779.jsonl#/f2d/779/1098-01; Unicode character offsets [6177:6273] (end exclusive); SHA-256 3f39a24d0e7fd74f68caa830c5b43b98bd09511d85522b3dfc3c1703468bc7f2.

Routinely inferred from distribution-level quantity, purity, street value, packaging materials, scales, ledgers, firearms, or absence of personal-use paraphernalia.

interpretation

Moreover, the government could satisfy its burden of establishing that defendant knowingly or intentionally possessed marijuana with intent to distribute it through the inferences drawn from evidence such as the quantity of the marijuana involved, United States v. Faymore, 736 F.2d 328, 333 (6th Cir.), cert. denied, 469 U.S. 868, 105 S.Ct. 213, 83 L.Ed.2d 143 (1984), the estimated street value of the marijuana, id., the purity of the marijuana, United States v. Blake, 484 F.2d 50, 58 (8th Cir.1973), cert. denied, 417 U.S. 949, 94 S.Ct. 3076, 41 L.Ed.2d 669 (1974), and other evidence which would support the inference that the marijuana was not intended to. be used for personal use.

/f3d/20/0229-01 — United States Court of Appeals for the Sixth Circuit · 1994

Moreover, the government could satisfy its burden of establishing that defendant knowingly or intentionally possessed marijuana with intent to distribute it through the inferences drawn from evidence such as the quantity of the marijuana involved, United States v. Faymore, 736 F.2d 328, 333 (6th Cir.), cert. denied, 469 U.S. 868, 105 S.Ct. 213, 83 L.Ed.2d 143 (1984), the estimated street value of the marijuana, id., the purity of the marijuana, United States v. Blake, 484 F.2d 50, 58 (8th Cir.1973), cert. denied, 417 U.S. 949, 94 S.Ct. 3076, 41 L.Ed.2d 669 (1974), and other evidence which would support the inference that the marijuana was not intended to. be used for personal use.
Source: docroot/ir/caselaw/f3d_20.jsonl#/f3d/20/0229-01; Unicode character offsets [5444:6133] (end exclusive); SHA-256 1b8c4fb6d1b27c83cc97582c53236d4fe132b40a4a1a11e5f6552d400bb8d267.

Routinely inferred from distribution-level quantity, purity, street value, packaging materials, scales, ledgers, firearms, or absence of personal-use paraphernalia.