Delivery of a controlled substance acts to increase or enhance the charge of drug possession. It elevates the charges by one degree. For example, possession of less than 1 gram of Cocaine would typically be a State Jail Felony. If it were shown at trial there was intent to deliver or manufacture the Cocaine possessed then the charge would be raised to a 3rd Degree Felony.
Surrounding circumstances generally dictate whether police attempt to add a “manufacturing or delivery” allegation to a drug charge. That would normally be the presence of scales, baggies, large amounts of cash or equipment or ingredients commonly known to create such drugs.
Frequently police overreach on delivery of a controlled substance and it’s important to have an aggressive, experienced defense lawyer who knows how to negate these charges.