Possession with intent to deliver

PITTSBURGH DRUG-TRAFFICKING DEFENSE LAWYER

HOW IS POSSESSION WITH INTENT TO DELIVER (PWID) DEFINED IN PENNSYLVANIA?
Section 780-113(a)(30) penalizes the crime of possession with intent to deliver (or PWID)—the crime of drug trafficking or drug dealing.

For the prosecution to convict a person of this crime they must demonstrate one of the following:

• Manufacturing a controlled substance
• Delivering a controlled substance
• Possessing a controlled substance with the intent to manufacture or deliver
• Creating, delivering, or possessing with intent to deliver a counterfeit substance

What qualifies as a controlled substance or counterfeit substance is set forth in the definition section of The Controlled Substance, Drug, Device and Cosmetic Act, Section 780-102. Practically speaking, the controlled substances most commonly involved in drug prosecutions are marihuana, cocaine, heroin, fentanyl, and various pills.

HOW SERIOUS IS PWID?
A conviction of PWID is generally a felony offense; however, the maximum fines and terms of imprisonment vary based upon the substance that is the aim of the delivery.

Substances classified in Schedule I or II and which is a “narcotic drug”
PWID is graded as an ungraded felony punishable up to a maximum of 15 years imprisonment and/or a maximum fine of $250,000.

Methamphetamine, cocaine, marihuana in excess of 1,000 pounds
PWID is graded as an ungraded felony punishable up to a maximum of 10 years imprisonment and/or a maximum fine of $100,000.

Any other substance classified in Schedule I, II, or III
PWID is graded as an ungraded felony punishable up to a maximum of 5 years imprisonment and/or a maximum fine of $15,000.

A substance classified in Schedule IV
PWID is graded as an ungraded felony punishable up to a maximum of 3 years imprisonment and/or a maximum fine of $10,000.

A substance classified in Schedule V
PWID is graded as an ungraded misdemeanor punishable up to a maximum of 1 year imprisonment and/or a maximum fine of $5,000.

WHAT IS THE STATUTE OF LIMITATIONS?
A prosecution for PWID must be commenced within five years after it is committed.