The Difference Between Possession and Intent to Deliver in PA Drug Cases
Drug charges in Pennsylvania can range from minor to extremely serious depending on the circumstances — and one of the biggest distinctions is between simple possession and possession with intent to deliver (PWID). Understanding the difference is critical. A possession charge may be a misdemeanor with lighter penalties, while PWID is often a felony that can carry mandatory jail time.
Mark D. Hauser
7/29/20251 min read
As a criminal defense attorney with over 30 years of experience, I’ve defended clients across the full spectrum of Pennsylvania drug offenses. Here’s what you need to know.
🔹 What Is Simple Possession?
Simple possession means you knowingly had a controlled substance for personal use — not to sell or distribute.
Common examples:
Carrying a small amount of marijuana or prescription pills without a prescription
Having a bag of heroin, cocaine, or methamphetamine for personal use
Being found with drugs in your pocket, car, or home without signs of distribution
Penalties depend on the drug involved and your prior record, but may include:
Misdemeanor charges
Fines
Probation or short jail time
Drug treatment or diversion programs (for first-time offenders)
🔹 What Is Possession With Intent to Deliver (PWID)?
PWID means the state believes you had drugs with the intent to sell, share, or distribute them — even if no actual sale occurred.
You can be charged with PWID based on:
The quantity of drugs found (larger amounts suggest dealing)
Possession of baggies, scales, or cash
Text messages or surveillance indicating drug sales
Packaging consistent with distribution
PWID is almost always a felony, and penalties are severe:
Long prison sentences (especially for heroin, fentanyl, or cocaine)
Mandatory minimum sentences in some cases
Permanent criminal record
Felony classification, which can affect housing and employment
🔹 Why the Distinction Matters
The difference between a misdemeanor possession and a felony PWID can be life-altering. Even if no sale took place, police and prosecutors often assume intent based on circumstantial evidence.
An experienced defense lawyer can:
✅ Challenge the basis for the PWID charge
✅ Argue that drugs were for personal use
✅ File motions to suppress illegal searches or flawed lab tests
✅ Seek reduced charges or entry into a diversionary program
🔹 First-Time Offenders
If this is your first offense, you may be eligible for:
ARD (Accelerated Rehabilitative Disposition)
Section 17 probation
Drug court or other alternatives to incarceration
These programs can help you avoid jail and a permanent criminal record.
Facing Drug Charges in Pennsylvania?
Don’t let the system overcharge you. A simple possession case should not be treated like a felony trafficking case.
📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.