Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

What aspect of possession might indicate intent to sell or distribute?

1. Intended location for consumption

2. Presence of paraphernalia

3. Subscription to a drug program

4. Living situation

The correct answer is: Presence of paraphernalia

The presence of paraphernalia is a significant indicator of intent to sell or distribute illicit substances. Paraphernalia includes items commonly associated with drug use or distribution, such as scales, plastic bags, syringes, and other tools that suggest an operational method for processing or measuring drugs. This evidence can imply that the individual does not just possess drugs for personal use but might be engaging in trafficking activities. In contrast, other factors such as the intended location for consumption, subscription to a drug program, and living situation do not provide as direct evidence of intent to sell or distribute. While the intended location for consumption might suggest different contexts of use, it does not inherently indicate a profit motive. Subscribing to a drug program suggests an acknowledgment of a problem and an effort to seek help rather than intent to sell. Similarly, a person's living situation may offer context about their lifestyle but may not distinctly point to involvement in drug distribution activities. Thus, the evidence of paraphernalia stands out as a clear indicator of distribution intent.