It is an offense under both state and federal law to deliver or to have an intent to deliver a controlled substance. "Deliver" means to transfer, actually or constructively, to another person and includes offering to sell a controlled substance as well. Therefore, money does not have to actually be exchanged, and the "middleman" who helped arrange the transaction can also be prosecuted under this theory. Under federal law, the most commonly charged delivery offense is possession of a controlled substance with the intent to deliver. Under that type of charge, the government does not have to prove that you actually delivered the substance, but only that you had an intent to do so. Most often, the government will attempt to this intent based on the large quantity of drugs found, or the possession of other indicators including scales, baggies, or cutting agents.
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