Understanding “Possession With Intent to Deliver” (PWID) Drug Charges in Pennsylvania

Whether you were caught in Philadelphia or anywhere else in the state, here’s what you need to know about PWID charges in Pennsylvania—and how an experienced criminal defense attorney can help.

What Is PWID in Pennsylvania?

PWID is short for Possession With Intent to Deliver a Controlled Substance under 35 P.S. § 780-113(a)(30). This law makes it a felony to:

• Possess a drug (even legally controlled substances like prescription pills)

• With the intent to deliver, sell, transfer, or distribute it to another person

Importantly, you don’t have to be caught in the act of selling drugs. Police can charge you with PWID based on circumstantial evidence, such as the amount of the drug, how it was packaged, or the presence of scales, baggies, or large amounts of cash.

Common Substances Involved in PWID Charges

• Marijuana (in quantities above personal-use thresholds)

• Cocaine or crack cocaine

• Heroin or fentanyl

• Methamphetamine

• Ecstasy or MDMA

• Prescription drugs (e.g., oxycodone, Xanax, Adderall) without a valid prescription

PWID vs. Simple Possession

ChargeSimple PossessionPWIDIntentFor personal useIntent to distribute or sellPenalty LevelUsually a misdemeanorAlways a felonyEvidence ConsideredQuantity, behavior, prior recordQuantity, packaging, paraphernalia, money, textsTypical SentenceProbation, fines, possible short jail timeMulti-year prison sentence, mandatory minimums

Penalties for PWID in Pennsylvania

Penalties vary depending on the type and amount of drug, your criminal history, and where the offense occurred (e.g., near a school or playground).

🟠 First-Offense PWID Penalties

• Felony conviction

• Up to 15 years in prison (depending on the drug and quantity)

• Up to $250,000 in fines

• Driver’s license suspension

• Permanent criminal record

Mandatory minimum sentences may apply for certain drugs or repeat offenses.

What the Prosecution Must Prove

To convict you of PWID, the Commonwealth must prove:

✅ You knowingly possessed a controlled substance
✅ You had the intent to deliver, distribute, or sell it
✅ The substance was a controlled substance as defined by law

They don’t need to prove an actual sale—only that you planned or intended to deliver the drug to someone else.

How a Criminal Defense Lawyer Challenges PWID Charges

A skilled defense attorney can fight PWID charges by challenging:

✅ Illegal searches or seizures (Fourth Amendment violations)
✅ Lack of intent (e.g., the drugs were for personal use)
✅ Insufficient evidence of delivery or distribution
✅ Faulty lab testing or chain of custody issues
✅ Entrapment (especially in undercover operations)

Your attorney may also negotiate to reduce a PWID charge to simple possession, which avoids felony penalties and improves your chances for treatment programs or expungement.

Diversion and Alternative Sentencing Options

For first-time, non-violent offenders, alternatives to prison may include:

• Drug Court

• Accelerated Rehabilitative Disposition (ARD)

• Section 17 probation (for certain drug possession charges)

• Rehabilitation or outpatient treatment

An experienced lawyer can assess your eligibility and help guide you into the right program.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

PWID is a serious charge with life-changing consequences—but you have options. With over 30 years of experience defending drug cases in Philadelphia and across Pennsylvania, Mark D. Hauser is ready to fight for your freedom, challenge weak evidence, and work toward the best outcome for your case.

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