(6)6.1.4 Unlawful Possession of Marijuana, Intent to Distribute

A person is guilty of Unlawful Possession of Marijuana, Intent to Distribute under this subsection if he or she willfully possesses marijuana or marijuana concentrated extract with the intent to distribute the same to another person.

(a) For purposes of this subsection, intent to distribute may be established by circumstantial evidence, including but not limited to:

• packaging indicative of distribution;
• possession of distribution paraphernalia;
• communications or admissions indicating an intent to distribute; or
• any other conduct inconsistent with personal use.

(b) The quantity of marijuana or marijuana concentrated extract possessed is not an element of this offense.

(c) This subsection does not apply to persons lawfully authorized to distribute marijuana or marijuana concentrated extract under state or federal law, acting within the scope of such authorization.

Unlawful Possession of Marijuana, Intent to Distribute is a Gross Misdemeanor.