Possession with intent to distribute (PWID) is an offense associated with drug trafficking and gang activity. It is generally assumed that only those involved in criminal conspiracies and enriched by their drug-related activities are at risk of possession with intent to distribute allegations. In reality, any attempt to transfer an illegal or controlled substance to another person could trigger PWID charges.
For many people, the use of mind-altering substances is a social activity. They may consume those substances with friends or while at a party, where they share with many others. Some people give or share their contraband with others without accepting any payment in return. Even without receiving money, those who share or give drugs to others could face possession with intent charges.
What constitutes possession with intent to distribute?
Prosecutors can bring possession with intent to distribute charges in multiple circumstances. Sometimes, the amount of a substance a person has in their possession is enough to justify PWID charges.
Other times, proof that social sharing occurred previously or was planned by the person charged could lead to more serious drug charges. Text messages and social media content could affirm that a person who acquired drugs intended to share them with one or more other people. That could strengthen the state’s case when pursuing PWID charges.
Can people face PWID charges without selling their drugs?
The state does not need to prove that any exchange of money, goods or services occurred to bring PWID charges. The prosecutor does not even need to prove that sharing actually took place. They only need to convince a jury that the person in possession of the drugs intended to deliver the drugs to others.
Pennsylvania defines delivery of a drug as a transfer from one person to another. This can occur directly, through controlled drops or via an attempt to transfer interrupted by law enforcement professionals. A college student handing a pill to a classmate could be enough to trigger PWID charges.
Possession with intent to distribute is a felony offense that carries both much more social stigma and significantly harsher criminal penalties than simple drug possession. Defendants accused of drug offenses, including possession with intent to distribute, likely need the support of a criminal defense attorney. Requesting legal guidance as soon as possible after a drug-related arrest can help people push for the best possible outcome.