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.

 

If you or a loved one is charged with drug trafficking, call Pittsburgh criminal defense attorney, Ryan H. James, who has tried and argued these cases with successful results.  Attorney James can be personally reached at 412-977-1827, or by e-mail at ryan@rhjameslaw.com