Unlawful Possession with Intent to Distribute a Controlled Substance is determined by possession of specific quantities. Which set reflects the thresholds?

• A. 8-28 grams cocaine, 0.5-1.0 grams fentanyl, 8-28 grams meth, 2-4 grams morphine or opium
• B. 0-2 grams cocaine, 0-0.1 grams fentanyl, 0-2 grams meth, 0-1 gram morphine
• C. 50-100 grams cocaine, 5-6 grams fentanyl, 50-60 grams meth, 20-30 grams morphine
• D. Any amount of controlled substances qualifies if distributed

Answer: (D)

The central idea is that intent to distribute can be proven independently of the exact amount in possession. While quantity can be a factor, it isn’t the sole determinant; evidence like packaging, scales, large cash, or other distribution indicators can show an intent to distribute even for a small amount. So the statement that any amount of a controlled substance can qualify for unlawful possession with intent to distribute—provided there is evidence of distribution intent—is the best way to capture how this offense is established. The other options rely on fixed quantity thresholds that aren’t universal and can vary by jurisdiction, which makes them less accurate as a general rule.