1)is there any case law that draws a distinction between a conspiracy to possess with intent to distribute drugs and a conspiracy to distribute drugs?
2)is the objective of a conspiracy important to prove beyond a reasonable doubt whether there has been an agreement or not?
1 Answer from Attorneys
It is not an academic question or a question to be solved by way of case law. IT IS A QUESTION FOR THE JURY TO ANSWER. There is no distinction between distribution and possession with intent o distribute when it comes to conspiracy, because there must be at least two individuals, at least one had to have possession of drugs. As for agreements, the prosecutor does not have to establish a written contract or handshake or joint bank account. If one person is a drug dealer, and the other drives the first person everywhere and receives payment, the jury can easily find there is a conspiracy as it relates to drugs. See website for info on drug offenses: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=46. Good luck.
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