## Facts

- Police stopped Raymond L. Washington’s car during a routine traffic stop.
- Officers found a pistol in the trunk.
- Officers found on Washington 12.1 grams of cocaine, a pager, and $20 in cash.
- No drug paraphernalia or other typical retail-distribution indicators were found.
- Washington admitted friends gave him money to buy cocaine and that he intended to share the cocaine with them.
- The government charged Washington with (1) using a firearm during and in relation to a drug-trafficking crime under 18 U.S.C. § 924 and (2) possession with intent to distribute cocaine under 21 U.S.C. § 841(a)(1).
- The jury acquitted Washington on the firearm count but convicted him of possession with intent to distribute cocaine.
- Washington appealed, arguing the facts supported only simple possession under 21 U.S.C. § 844(a), not § 841(a)(1).

## Issues

1. Whether obtaining cocaine with money provided by friends, intending to share the cocaine with them, constitutes “intent to distribute” under 21 U.S.C. § 841(a)(1) rather than simple possession under 21 U.S.C. § 844(a).
2. Whether “distribution” under the federal drug statutes requires a commercial sale, or instead includes social sharing and other noncommercial transfers.

## Decision

- The Fourth Circuit affirmed Washington’s conviction for possession with intent to distribute under § 841(a)(1).
- The court held that Washington’s admitted plan to share the cocaine with friends who contributed funds supported a finding of intent to distribute.
- The court rejected the argument that the government was legally required to charge only simple possession when the intended transfer was social rather than commercial.
- The court noted that possession with intent to distribute and distribution are distinct offenses, and conviction may rest on intent even without proof of an actual transfer.

## Legal Principles

- “Distribution” under the Controlled Substances Act includes any actual, constructive, or attempted transfer of a controlled substance; it does not require a sale.
- Social sharing of drugs can constitute “distribution,” and an intent to engage in such sharing can satisfy the “intent to distribute” element of § 841(a)(1).
- Possession with intent to distribute and distribution are separate offenses; a defendant may be convicted based on intent to transfer drugs to others even if no transfer is completed.
- Intent to distribute may be inferred from the defendant’s admissions and surrounding circumstances, including evidence of a planned transfer to others, even where classic dealer paraphernalia is absent.

## Conclusion

The Fourth Circuit upheld a § 841(a)(1) conviction where the defendant admitted he obtained cocaine using friends’ money and intended to share it with them, holding that noncommercial transfers among friends can support an intent-to-distribute finding and are not limited to simple-possession treatment.


United States v. Washington, 41 F.3d 917 (4th Cir. 1994)