Possession with Intent to Distribute in Pennsylvania Explained

Possession

Possession with intent to deliver drugs, also known as a PWID charge, is a criminal offense for drug possession with the purpose of selling or distributing. It is one of the most common types of drug charges in Pennsylvania. Criteria for being charged with Possession with Intent to Deliver includes:

  1. They are in possession of a controlled substance. The person must be in actual or constructive possession of a controlled substance. Examples of controlled substances include cocaine, heroin, methamphetamine, marijuana.
  2. They must have intent to deliver. The prosecution must show the individual planned to deliver or distribute controlled substances. The amount of drugs found, how it was packaged, the presence of scales, and other evidence of prior drug sales, can show intent to distribute.
  3. The individual has knowledge of the nature of the substance. They know or have reason to believe they are in possession of a controlled substance.

Consequences of a PWID conviction are serious. Sentencing depends on factors like the type and quantity of the drug, the defendant’s prior criminal record, and where the offense occurred. If the crime was committed near a school zone or a playground, for example, the sentence can be increased.

PWID Penalties

Marijuana PWID

Marijuana

A first time possession charge with less than 30 grams is likely only a simple possession charge. Possession of over 30 grams of marijuana is a felony.

30 grams and Two Pounds

  • one and three years in prison;
  • a fine between $5,000 and $25,000.

2 and 10 Pounds or Between 10 to 20 Live Plants

  • a minimum sentence of one year in prison;
  • a fine of $5,000.

10 to 49 Pounds of Marijuana or 21 to 50 Live Plants or

  • a minimum sentence of three years in prison and;
  • a fine of $15,000;

Over 50 Pounds of Marijuana or Possession Over 52 Live Plants

  • a minimum of five years in prison ;
  • a fine of $50,000.

Marijuana PWID Federal Penalties

Less than 50 Kilograms, First Offense

  • a maximum prison sentence of five years;
  • a fine of $250,000.

50 to 99 Kilograms of Marijuana or 50 to 99 Live Plants

  • a maximum sentence of 20 years in prison
  • a fine of $1,000,000.

100 to 999 Kilograms of Marijuana or 100 to 999 Live Marijuana Plants

  • a minimum sentence of five years imprisonment
  • $5,000,000 in fines.

1,000 kilograms or More of Marijuana

  • a minimum sentence of 10 years in prison, a maximum of more than life is also possible.
  • a fine of more than $10,000,000.

Heroin PWID

Heroin

A conviction of possession with intent to deliver heroin is a felony.

Possession of One to Five Grams

  • a mandatory sentence of two years imprisonment and;
  • a fine of $5,000.

Possession of Over Five Grams and up to 50 Grams

  • a mandatory three-year prison sentence and;
  • a $15,000 fine.

Over 50 Grams

  • a minimum of five years in prison and;
  • a mandatory fine of over $25,000.

Federal Heroin PWID

First Offense, Less than 100 Grams

  • a maximum fine of $1,000,000 and;
  • a maximum prison sentence of 20 years.

Possession of between 100 and 999 grams

  • a minimum sentence of five years with a maximum of 40 years and;
  • a $5,000,000 fine.

Possession of One Kilogram or More

  • a sentence of 10 years to life in prison and;
  • a $10,000,000 fine.

Methamphetamine PWID

Party Drugs

If you are convicted of PWID methamphetamine in Pennsylvania, the conviction will remain on your record as a felony.

Possession of five to Under 10 Grams

  •  a mandatory prison sentence of three years.

Possession of 10 Grams to Under 100 Grams

  •  a mandatory sentence of four years in prison.

Possession of Over 100 Grams

  • a mandatory sentence of five years in prison.

Cocaine PWID

Cocaine

Being charged with PWID cocaine is a felony in Pennsylvania.

First offense, Possession of Less than Two Grams

  • a minimum of a year in prison and;
  • a fine of $5,000.

Possession of two to 10 grams of Cocaine

  • a minimum sentence of two years in prison and;
  • a $5,000 fine.

Possession of Over 10 grams of cocaine up to 100 Grams

  • a mandatory three-year prison sentence.

Over 100 Grams

  • up to four years in prison.

Federal Cocaine PWID

Less than 500 Grams

  • a maximum penalty of 20 years in prison and;
  • a $1,000,000 fine.

Possession Between 500 and 4,999 Grams

  • a minimum penalty of five years in prison or;
  • a maximum of 40 years in prison and;
  • a $5,000,000 fine.

Possession of Five Kilograms

  • a penalty of 10 years to life in prison and
  • a fine of $10,000,000.

Defenses to PWID charges in Pennsylvania

Depending on the circumstances of your case, you can defend yourself from PWID charges. Some defenses include:

Motion to Suppress

If your criminal defense lawyer can prove law enforcement lacked reasonable suspicion or probable cause to stop, a motion to suppress may work. A motion to suppress will prevent the drugs found from being used uhbhujagainst you in court.

Actual vs. Constructive Possession

If there were no drugs on your person during the arrest (actual possession), a drug crimes defense attorney in Pittsburgh may be able to argue that constructive possession (the drugs were found in a stash location, in a car, house, or elsewhere) is insufficient grounds for PWID charges.

Conspiracy

One of the most common defenses to PWID charges, when you were arrested as a result of narcotics surveillance, is the theory of a conspiracy.

Mere Possession

Just because drugs were found in your actual or constructive possession does not necessarily mean you intended to deliver, sell, or distribute them. Mere possession of narcotics is a misdemeanor in Pennsylvania and cannot be charged as PWID.

Contact SMT for Legal Help with a Pittsburgh PWID Charge

SMT Legal, our experienced drug attorneys have represented hundreds of individuals arrested and charged with possession with intent to deliver. If you or someone you know was PWID in the Pittsburgh area, contact SMT Legal today.

 

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