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Pennsylvania PWID Charges & Penalties Lawyer

What Happens When You Are Charged with Possession with Intent to Deliver (PWID) a Controlled Substance in Pennsylvania?

If you have been charged with Possession with Intent to Deliver (PWID) in PA, also known as Drug Trafficking, this means you are being accused of possessing drugs with the intent of selling or distributing them, or “delivering” them.

This is a serious offense which is most often charged as a felony and can be prosecuted by both the Commonwealth of Pennsylvania and the U.S. Federal Court system.

Under Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act a conviction for possessing a controlled substance (drugs) with the “intent to deliver” carries a much harsher penalty than a conviction for possessing it for personal use.

Unfortunately PWID charges are quite common in Pittsburgh and throughout Pennsylvania where police may charge you for simply being in the wrong place at the wrong time.

It is important to remember that an Arrest is Not a Conviction. 

That is why at Shrager Defense Attorneys we do everything possible to fight for your rights and minimize sentencing or have your charges completely dropped. When the world is on your shoulders, our Pittsburgh criminal defense attorneys got your back.

Attorney David J. Shrager provides FREE CONSULTATIONS – Call or text him direct on his cell phone – 412-969-2540.

_______________________________________________
A PWID CHARGE DOES NOT HAVE TO
MEAN THAT YOU WILL BE CONVICTED.

CONTACT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
________________________________________________

IF YOU ARE FACING PWID CHARGES IN PA

You could be arrested and charged with PWID (Possession with Intent to Deliver) if you were found with a large quantity of illegal drugs, if you were allegedly found to be part of a drug trafficking operation or if the police found circumstantial evidence such as suspicious packaging or manufacturing or distribution paraphernalia.

You may also be charged with PWID if the police allegedly saw you “dealing drugs” or simply sharing (distributing) drugs with friends without charging for them.

A first time offense for selling or intending to sale even a small amount of certain illegal narcotics can result in years in prison and a fine up to $250,000.

Whether you were arrested for marijuana PWID, cocaine PWID, or possession with intent to deliver heroin you are facing serious penalties.

Depending on the quantity of the drugs and the nature of the charges (manufacturing drugs, distribution of drugs) as well as whether this is a second or third offense, serious consequences can result upon conviction.

A conviction for PWID of a Schedule I narcotic drug can lead to up to 15 years in prison.

Discussing your case with an experienced Pittsburgh drug attorney like David J. Shrager will help you determine the best course of action — call or text him today on his personal cell phone – 412-969-2540.

WHAT IS PWID?

A criminal charge of Possession with Intent to Deliver (PWID) drugs (35 P.S. § 780-113(30)) differs from simple possession of drugs because it means that the police suspected that the illegal drugs you were charged with possessing were not intended for your personal use, but for you to sell or distribute to others.

Evidence that you actually sold or distributed a controlled substance (drugs) is not necessary for a conviction. 

To convict you for Possession With Intent to Deliver the Commonwealth must prove beyond a reasonable doubt only that you possessed a controlled substance you were not licensed to possess, and that you did so under circumstances demonstrating an intent to deliver that substance (see Commonwealth v. Bernard).

The term PWID is commonly used as also encompassing growing, manufacturing, or delivering controlled substances because all of these acts are prohibited by the same criminal offense, share the same sentencing guidelines and demonstrate an intent to deliver, i.e., sell or distribute.

The term “Intent to Deliver” in PWID can include:

Evidence of “Intent to deliver” can be inferred by a judge or jury based upon the facts and circumstances surrounding the possession which can include:

  • Method of packaging
  • Form of the drug
  • Your behavior
  • Paraphernalia found
  • Quantity of drugs possessed
  • Sums of cash found
  • Expert testimony

Any type of illegal drug can fall into this charge – heroin, cocaine, marijuana, ecstasy, LSD and methamphetamine – and even prescription drugs.

Being charged with PWID is a much more serious offense than simple possession charges and is usually considered a felony if convicted. Depending on the quantity of drugs or whether a large amount of cash was also discovered, among other factors, you may be charged with PWID.

_______________________________________________
A PWID CHARGE DOES NOT HAVE TO
MEAN THAT YOU WILL BE CONVICTED.

CONTACT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
________________________________________________

SENTENCING GUIDELINES FOR PWID CHARGES IN PENNSYLVANIA – PENALTIES

Inconsistent Information on the Internet

There is inconsistent/inaccurate information on the internet regarding the penalties for PWID in Pennsylvania. In particular, some websites describe the PWID penalties as being controlled by 18 Pa. Cons. Stat. Ann. § 7508. However this law (§ 7508) was deemed unconstitutional by the PA Supreme Court in Commonwealth v. Dimatteo, 644 Pa. 463, 177 A.3d 182 (2018).

The confusion occurs because PA legislators have not amended this law to conform with the high Court’s ruling, nor have they removed it. So while the law (§ 7508) still exists, it is currently (2023) null and void and therefore:

1) mandatory minimum sentences for PWID in PA under this law are null and void (cannot be enforced), and

2) penalties under this law that are based upon the quantity of drugs found in one’s possession are null and void (cannot be enforced).

3) penalties for PWID are now controlled by 18 Pa. C.S. § 780-113(f).

2023 Correct Penalties for PWID in PA

Drug trafficking charges or PWID charges usually means that you will face prosecution in both the Commonwealth of Pennsylvania and the U.S. Federal Court system. Federal courts have minimum sentencing requirements for a PWID conviction.

Mandatory minimum sentences for PWID are currently not issued in Pennsylvania courts because 18 Pa. C.S. § 7508 was declared unconstitutional under  Commonwealth v. Dimatteo, 644 Pa. 463, 177 A.3d 182 (2018).

This is why discussing your individual circumstances with a drug crime attorney who is experienced in both Pennsylvania and the U.S. Federal trial court is the best way to fully understand your rights and prepare a strategic defense. Attorney Shrager’s law office focuses on drug crimes at both the state and federal level.

Below are some of the currently valid (2023) general sentencing guidelines for PWID under 18 Pa. C.S. § 780-113(f). These guidelines are primarily determined by the Schedule of drug involved and whether the drug is considered a narcotic. These guidelines only include prison sentencing and general fines – they do not include other fees, such as court costs or other penalties such as license suspension.

Contact David J. Shrager today for a free consultation and get a more detailed understanding of your individual circumstances.

MARIJUANA / HASH, MDMA or LSD PWID

  • Schedule I Non-Narcotic Drugs
  • Ungraded felony;
  • Maximum imprisonment of 5 years, or a fine not exceeding fifteen thousand dollars ($15,000), or both.

* The possession of a small amount of marijuana (30 grams or less) or hashish (8 grams or less) with the intent to distribute it but not to sell it; or the actual distribution of a small amount of marihuana or hashish without selling are illegal acts not punishable under the PWID statute (§ 780-113(30)) – they are instead punishable under § 780-113(31).

  • Ungraded misdemeanor;
  • Maximum imprisonment of 30 days, or a fine not exceeding fifteen thousand dollars ($500), or both.

MARIJUANA PWID WHILE POSSESSING MORE THAN 1000 POUNDS:

  • Schedule I Non-Narcotic Drug
  • Ungraded felony;
  • Maximum imprisonment of 10 years or a fine not exceeding one hundred thousand dollars ($100,000), or both;
  • This fine can be increased to exhaust the profits obtained from the illegal activity.

COCAINE, METH or PCP PWID:

  • Schedule II Non-Narcotic Drugs
  • Ungraded felony;
  • Maximum imprisonment of 10 years, or a fine not exceeding one hundred thousand dollars ($100,000), or both;
  • This fine can be increased to exhaust the profits obtained from the illegal activity.

HEROIN or FENTANYL PWID:

Heroin is a Schedule I Narcotic Drug.

Fentanyl is a Schedule II Narcotic Drug but carries the same potential penalties.

  • Ungraded felony;
  • Maximum imprisonment of 15 years, or a fine not exceeding two hundred fifty thousand dollars ($250,000), or both;
  • This fine can be increased to exhaust the profits obtained from the illegal activity.

PRESCRIPTION MEDICATION PWID:

The penalties for prescription medication PWID can be just as harsh or worse than penalties for non-prescription PWID. Each type of drug falls under a “Schedule” under Pennsylvania’s Controlled Substances, Drugs, Device, and Cosmetic Act.

Examples of Schedule II narcotic prescription drugs include Hydrocodone (Vicodin) and Oxycodone (OxyContin, Percocet).

  • Ungraded felony;
  • Maximum imprisonment of 15 years, or a fine not exceeding two hundred fifty thousand dollars ($250,000), or both;
  • This fine can be increased to exhaust the profits obtained from the illegal activity.

Examples of Schedule IV prescription drugs include Alprazolam (Xanax), Clonazepam (Klonopin), Diazepam (Valium), Lorazepam (Ativan), and Temazepam (Restoril).

  • Ungraded felony;
  • Maximum imprisonment of 3 years, or a fine not exceeding ten thousand dollars ($10,000), or both.

Examples of Schedule V prescription drugs include Robitussin AC, Phenergan with Codeine, Pregabalin (Lyrica) and Pyrovalerone (Centroton, Thymergix).

  • Ungraded misdemeanor;
  • Imprisonment not exceeding one year, or a fine not exceeding five thousand dollars ($5,000), or both.

*Penalties for PWID could be more severe if this is your second or subsequent offense.

*Even though the laws that mandated enhanced penalties for PWID in a school zone or playground, while selling drugs to a minor or while carrying an illegal weapon have been declared unconstitutional, judges are free to consider these factors during sentencing.

INFORMATION ON FORFEITURE OF PROPERTY

If your home or car is searched for controlled substances the government will often try to seize and resell your property where the alleged drug crime occurred. However, they cannot legally seize your property unless you are convicted.

Talk to an experienced attorney like David J. Shrager who understands the ins and outs of the legal system and will fight for what is rightfully yours.

_______________________________________________
A PWID CHARGE DOES NOT HAVE TO
MEAN THAT YOU WILL BE CONVICTED.

CONTACT DAVID J. SHRAGER TODAY FOR A
FREE LEGAL CONSULTATION: 412-969-2540.
________________________________________________

HOW A PITTSBURGH DRUG ATTORNEY CAN HELP

Many people who are charged with PWID did not even commit a crime; they were simply in the wrong place at the wrong time. But the prosecution will work every angle to get a conviction and the maximum sentence that goes with it.

An experienced criminal lawyer who will conduct a full investigation into your case and work hard to fight for your rights and your freedom can be instrumental in winning a case.

It is not uncommon for police to have conducted an illegal search for drugs or to have not followed proper procedure when making arrests. A good defense attorney is going to dig deep into how the arrests were made and look for missteps by the police or arresting officers.

If it can be proven that the police did not have probable cause for your arrest, made an illegal search without a warrant or did not follow procedure, your entire case will be dismissed.

If you have not yet been arrested or charged, but think you are under surveillance or may be charged soon call me immediately to discuss your situation. Do not talk to police or detectives. Your freedom and your rights are my number one concern, regardless of the type of situation you may be in.

OTHER PENALTIES FOR PWID OF ILLEGAL DRUGS

Being convicted of PWID can take a huge toll on your personal freedom and the freedom and wellbeing of your family. Your possessions could be take away from you and your family, including your home. Your driver’s license could be suspended. You will have a felony on your permanent record. Not to mention the fines and time spent in prison.

Having an aggressive and determined attorney on your side could make all the difference in the outcome of your case. Talk with me about your situation at no cost – call or text 24/7 – and then decide whether you want me to represent you. No one will work harder to defend your rights and protect your freedom.

_______________________

FREE Legal Consultation

Call or Text 412-969-2540 right now for a FREE initial legal consultation.
Speak directly with David J. Shrager 24 hours a day, 7 days a week.

Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights.

If you or a family member have been arrested or charged with a drug crime for any of the following, call Shrager Defense Attorneys today: