Possession With Intent to Deliver (PWID) in Pennsylvania: What You Need to Know

In Pennsylvania, drug charges can quickly escalate from simple possession to possession with intent to deliver — commonly referred to as PWID. While possession alone is a serious matter, being charged with PWID means the Commonwealth believes you were involved in drug distribution, and that can lead to felony charges, long prison sentences, and a permanent criminal record.

Mark D. Hauser

7/29/20252 min read

worm's-eye view photography of concrete building
worm's-eye view photography of concrete building

As a criminal defense attorney with over 30 years of experience, I’ve defended clients throughout Pennsylvania facing both minor and major drug offenses. Here’s what you need to know if you or someone you love has been charged with PWID.

🔹 What Is PWID?

Under 18 Pa. C.S. § 780-113(a)(30), it is a crime to:

“Possess a controlled substance with the intent to manufacture, distribute, or deliver it.”

Unlike simple possession (which is usually for personal use), PWID means prosecutors believe you were going to sell or share the drugs. You don’t have to be caught in the act of selling — circumstantial evidence alone may be enough for a charge.

🔹 How Do Police Determine “Intent to Deliver”?

Police and prosecutors look for signs that go beyond personal use:

  • Large quantities of drugs

  • Multiple baggies or packaging materials

  • Digital scales

  • Large amounts of cash

  • Text messages or social media showing transactions

  • Surveillance or controlled buys

Even if no sale took place, these factors can be used to file PWID charges.

🔹 Common Drugs Involved in PWID Cases

PWID charges can apply to any controlled substance, including:

  • Heroin, fentanyl, and other opioids

  • Cocaine or crack

  • Methamphetamine

  • Marijuana (in large quantities)

  • Prescription pills (OxyContin, Xanax, Adderall)

  • Synthetic drugs

Each substance has different penalty tiers based on weight and prior offenses.

🔹 Penalties for PWID in Pennsylvania

PWID is a felony and penalties depend on:

  • The type and weight of the drug

  • Your prior record

  • Whether the offense occurred near a school zone

  • Federal involvement (in some cases)

Penalties may include:

  • 3–15+ years in prison

  • Hefty fines

  • Driver’s license suspension

  • Forfeiture of property or cash

Repeat offenders often face mandatory minimum sentences.

🔹 How an Attorney Can Fight a PWID Charge

A skilled defense lawyer can:

✅ Challenge the search and seizure (was it legal?)
✅ Argue the drugs were for personal use
✅ Suppress text messages or weak evidence
✅ Prove someone else had control of the drugs
✅ Negotiate for reduced charges or drug treatment alternatives

Don’t Let a PWID Charge Define Your Future

A felony drug conviction can destroy job opportunities, financial aid, housing access, and your reputation. With strong legal defense, you may be able to avoid prison and keep your record clean — especially if this is your first offense.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.