Pennsylvania law enforcement officials use many factors to make a determination of drug possession with intent to deliver rather than drug possession for personal use. Considerations used by PA law enforcement to establish the intent to deliver include the weight of the drugs involved, whether the drugs were packaged, and whether there was a large amount of cash found with the drugs, as well as additional factors.
Manufacture, Delivering or Possession with Intent to Deliver Controlled Substances (PWID)
Pennsylvania law, under 35 P.S. § 780-113(a)(30), defines manufacturing, delivering or possession with intent to distribute as: the manufacture, delivery, or possession with the intent to manufacture or deliver a controlled substance by a person not registered or licensed by the appropriate State Board; or, creating, delivering, or possession with intent to deliver a counterfeit controlled substance.
The primary difference between a drug possession charge and a charge of drug dealing or drug trafficking under PA law is a determination of when the controlled substance is for personal use without the intent to distribute the substance to another individual. Pennsylvania drug dealing or trafficking charges can be divided into four sub-categories:
- Manufacture or creation of a controlled substance with an intent to distribute
- Selling or delivering a controlled substance to another
- Possession of a controlled substance in an amount so large as to presuppose an intent to deliver
- Conspiracy – working in conjunction with, or aiding another individual who is dealing or trafficking a controlled substance
PWID attorneys Pennsylvania Penalties for PWID in Pennsylvania
The penalties for PWID under Pennsylvania law vary depending on the specific drug or drugs in question. Penalties for drug offense convictions also differ according to other factors, including your prior criminal record and the facts of your particular case. Consulting with an experienced PA drug crime attorney about your case is the best way for you to learn accurate information applicable to your specific situation.
Any person who is convicted under this crime with respect to:
A controlled substance or counterfeit substance classified in Schedule I or Schedule II that is a narcotic drug, is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment of not more than 15 years, or a fine not exceeding $250,000, or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.
Phencyclidine; methamphetamine; cocaine and its derivatives; and marijuana in a quantity in excess of 1,000 pounds, is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment of not more than 10 years, or a fine not exceeding $100,000, or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal manufacture or distribution of these substances.
Any other controlled substance or counterfeit substance classified in Schedule I, II, or III, is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment not exceeding 5 years, or to pay a fine not exceeding $15,000, or both.
A controlled substance or counterfeit substance classified in Schedule IV, is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment not exceeding 3 years, or to pay a fine not exceeding $10,000, or both.
A controlled substance or counterfeit substance classified in Schedule V, is guilty of a misdemeanor, and upon conviction thereof shall be sentenced to imprisonment not exceeding one year, or to pay a fine not exceeding $5,000, or both.
Mandatory Minimum Sentences for Intent to Deliver in PA
Pennsylvania law prescribes mandatory minimum prison sentences that apply based on the weight of the drug involved, proximity to a school zone, or possession or proximity of a weapon to drugs when someone is charged with PWID.
Examples of Pennsylvania mandatory minimum sentences for drug charges include:
- Marijuana – one year for 2-10 pounds, three years for 10-50 pounds, five years for 50 pounds or more
- Cocaine – one year for 2-10 grams, three years for 10-100 grams, five years for 100 grams or more
- Heroin –two years for 1-5 grams, three years for 5-50 grams, five years for 50 grams or more
- Possession with intent to deliver using or near a firearm – five years
- In a school zone – two years
PWID Attorneys in Pennsylvania
Facing drug charges can be an extremely stressful and frightening experience, especially if you are unfamiliar with the Pennsylvania criminal justice system. If you have been arrested for possession with intent to deliver, or PWID, in or around Pennsylvania, you should contact an experienced PWID attorney at The Martin Law Firm as soon as possible.
The experienced PWID attorneys at The Martin Law Firm represent individuals facing possession with intent to deliver charges in Pennsylvania and other surrounding counties. Our PWID attorneys are committed to helping our clients resolve felony and misdemeanor drug charges on the most favorable terms possible. The earlier our attorneys can begin to work for you, the greater the chance of a successful outcome for your case. Contact our PA drug crimes attorneys for a free case evaluation at 215-687-4053.