Question

If a willing buyer purchases illicit drugs from a willing seller on a single occasion, would a charge of conspiracy against the two be upheld by the courts? Why or why not?

Answer 1

Charges of conspiracy in case of drugs are defined as an agreement between two or more people to commit a drug crime. To uphold the drug conspiracy charges, there should be have sufficient evidences of two things: (1) when two people are having an agreement and this agreement is violating the federal drug law. (2) When each person involved was aware about the unlawful agreement but still willingly joined the act.

There are four types of drug crimes but in the given case there are two possibilities 1. Charges for distributing a controlled substances with or without money involved. 2. Having the illicit drugs with the intention to distributing it. Generally possessing the drugs is not considered as serious offence as distributing but it is important to prove that intention was not to distribute. Generally government uses the evidence of equipment and others things which prove that intention was to distribute or not e.g. past records, scale to measure the weight and amount of drugs etc. If these things go against then serious charges of distributing the illicit will be uphold.