The short answer is, yes. As a party to the alleged criminal activity, with knowledge of your friend's intent to sell the weed, and willingly driving him to do so, you can also be charged with intent to distribute.
Under Louisiana Revised Statute 40:966, anyone who is in possession of a schedule I controlled dangerous substance with the intent to distribute it can be charged. As well, under the current case law of State v. Proctor, App. 5 Cir.2005, 901 So.2d 477, 04-1114 (La.App. 5 Cir. 3/29/05) and State v. Tong, Sup.1992, 609 So.2d 822, a driver who takes part in a drug transaction and has knowledge of the drugs in the vehicle may be found to have "constructive possession" of the illicit substances and also be charged with the distribution.
Under 40:966, a charge for distribution where, as here, there is a possession of marijuana with an aggregate weight of less than two and one half pounds can result in imprisonment for not less than one year, with a possible maximum of ten years, and a fine of up to fifty thousand dollars.
If you have been charged with possession with intent to distribute, it is very important that you obtain legal representation to protect your rights. Do not answer any more questions from law enforcement without an attorney present. If you would like to consult with me further regarding this issue please feel free to set up a free consultation at my office and we can discuss what can be done.
Answered on Dec 27th, 2019 at 10:21 AM