Hello:
Possession with intent to distribute charges are serious but with proper representation can be defended against under your particular facts.
Your charge is going to be based purely upon the aggregate weight of the marijuana found. Under Louisiana Revised Statute 40:966, there are two elements the DA's office must meet to convict you. 1) Possession of the Schedule I narcotic in a specific weight, here 14 grams of marijuana; and 2) the intent to distribute or dispense that narcotic.
The issue the prosecutor will have to deal with will be the element of intent to distribute, which based upon your description you may not have. In order to establish your intent, the prosecutor in your case would need to show an overt act, such as you offering the weed to an undercover officer, the weed being packaged in individual bags, or you being parked in a vehicle in a location known for dealing.
As with many cases, the DA's office likely charged you with the most severe crime they believe they may be able to prove in hopes of you taking a plea to a lesser charge. 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 call my office at (337)237-0492 and set up a free consultation so that we can discuss what can be done.
Answered on Aug 03rd, 2020 at 7:40 AM