TRAFFICKING IN ILLEGAL DRUGS
To prove this the state must prove all of the following:
1. The defendant knowingly sold, purchased, manufactured, delivered, or possessed
2. A controlled substance (or a mixture containing a controlled substance)
3. The weight of which is more than 5 grams (Federal) most States’ trafficking charges start at 28 grams for ‘controlled substances’. Trafficking in some pills can be as few as ONE pill!
4. Knowing the substance or mixture contained a controlled substance
5. With the intention to sell, purchase, manufacture or deliver the controlled substance.
The State does not have to prove a sale. Giving drugs (at a party for example) is trafficking for some pills.