Possession With the Intent to Deliver (PWID)

Possession With the Intent to Deliver (PWID) determinations under Pennsylvania Law

DEA Cocaine bust

Pennsylvania law enforcement officials use many factors to make a determination of drug possession with intent to deliver rather than drug possession for personal use.  Considerations used by Pennsylvania law enforcement to establish the intent to deliver include the weight of the drugs involved, whether the drugs were packaged, and whether there was a large amount of cash found with the drugs, as well as additional factors. 

Manufacture, Delivering or Possession with Intent to Deliver Controlled Substances (PWID)

Pennsylvania law, under 35 P.S. § 780-113(a)(30), defines manufacturing, delivering or possession with intent to distribute as: the manufacture, delivery, or possession with the intent to manufacture or deliver a controlled substance by a person not registered or licensed by the appropriate State Board; or, creating, delivering, or possession with intent to deliver a counterfeit controlled substance.

The primary difference between a drug possession charge and a charge of drug dealing or drug trafficking under Pennsylvania law is a determination of when the controlled substance is for personal use without the intent to distribute the substance to another individual.  Pennsylvania drug dealing or trafficking charges can be divided into four sub-categories:

  • Manufacture or creation of a controlled substance with an intent to distribute
  • Selling or delivering a controlled substance to another
  • Possession of a controlled substance in an amount so large as to presuppose an intent to deliver
  • Conspiracy – working in conjunction with, or aiding another individual who is dealing or trafficking a controlled substance

Penalties for PWID in Pennsylvania

The penalties for PWID under Pennsylvania law vary depending on the specific drug or drugs in question.  Penalties for drug offense convictions also differ according to other factors, including your prior criminal record and the facts of your particular case.  Consulting with an experienced PA drug crime attorney about your case is the best way for you to learn accurate information applicable to your specific situation. 

Any person who is convicted under this crime with respect to:

  • A controlled substance or counterfeit substance classified in Schedule I or Schedule II that is a narcotic drug, is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment of not more than 15 years, or a fine not exceeding $250,000, or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.
  • Phencyclidine; methamphetamine; cocaine and its derivatives; and marijuana in a quantity in excess of 1,000 pounds, is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment of not more than 10 years, or a fine not exceeding $100,000, or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal manufacture or distribution of these substances.
  • Any other controlled substance or counterfeit substance classified in Schedule I, II, or III, is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment not exceeding 5 years, or to pay a fine not exceeding $15,000, or both.
  • A controlled substance or counterfeit substance classified in Schedule IV, is guilty of a felony, and upon conviction thereof shall be sentenced to imprisonment not exceeding 3 years, or to pay a fine not exceeding $10,000, or both.
  • A controlled substance or counterfeit substance classified in Schedule V, is guilty of a misdemeanor, and upon conviction thereof shall be sentenced to imprisonment not exceeding one year, or to pay a fine not exceeding $5,000, or both.

Mandatory Minimum Sentences for Intent to Deliver in PA

Pennsylvania law prescribes mandatory minimum prison sentences that apply based on the weight of the drug involved, proximity to a school zone, or possession or proximity of a weapon to drugs when someone is charged with PWID.  Examples of Pennsylvania mandatory minimum sentences for drug charges include:

  • Marijuana – one year for 2-10 pounds, three years for 10-50 pounds, five years for 50 pounds or more
  • Cocaine – one year for 2-10 grams, three years for 10-100 grams, five years for 100 grams or more
  • Heroin –two years for 1-5 grams, three years for 5-50 grams, five years for 50 grams or more
  • Possession with intent to deliver using or near a firearm – five years
  • In a school zone – two years

 

Learn more about mandatory minimum sentences for drug trafficking in PA

 

Drug Trafficking Criminal Defense Attorney for Chester, Delaware, Montgomery and Philadelphia Counties

Facing drug charges can be an extremely stressful and frightening experience, especially if you are unfamiliar with the Pennsylvania criminal justice system.  If you have been arrested for possession with intent to deliver, or PWID, in Chester, Delaware, Montgomery or Philadelphia Counties, you should contact an experienced PWID attorney at the Law Office of Kevin Mark Wray as soon as possible. 

Criminal Defense Attorney Kevin Mark Wray represents individuals facing possession with intent to deliver charges in Chester, Delaware, Montgomery or Philadelphia Counties.  Criminal Defense Attorney Kevin Mark Wray is committed to helping our clients resolve felony and misdemeanor drug charges on the most favorable terms possible.  The earlier Kevin Mark Wray can begin to work for you, the greater the chance of a successful outcome for your case.  Contact Criminal Defense Attorney Kevin Mark Wray for a free initial consultation at (610) 810-2999.

Law Office of Kevin Mark Wray
200 West Front Street
Media, PA 19063

(610) 800-5487 (mobile)
(610) 810-2999 (office)
(610) 566-1002 (fax)

This web posting is for general information and does not contain a full legal analysis of the matters presented.  It should not be construed as legal advice or relied upon as legal opinion on any specific facts or circumstances.  The invitation to contact Kevin M. Wray, Esquire is not a solicitation to provide professional services and should not be construed as an availability to perform legal services in any jurisdiction in which Kevin Wray is not licensed to practice.

Criminal Use of a Communication Facility

When you use a phone or computer to complete a drug transaction, it is a separate crime.

Criminal Use of a Communication Facility Criminal Defense Attorney serving Chester, Delaware, Montgomery and Philadelphia Counties

If you have been arrested for a drug crime under Pennsylvania law, you may also be charged with an additional drug crime known as “criminal use of a communication facility” if a communication device was used in the commission of a felony drug charge. 

If you have been charged with criminal use of a communication facility in relation to an alleged drug crime in Pennsylvania, you should contact an experienced criminal defense lawyer as soon as possible.  The Law Office of Kevin Mark Wray has been representing individuals charged with drug-related offenses, such as criminal use of a communication facility, for over a deacde.  Criminal Defense Attorney Kevin Mark Wray will thoroughly examine the circumstances of your case and can explain what options, defenses or mitigating circumstances may be available to you.  Contact the Law Office of Kevin Mark Wraytoday to schedule a free initial consultation for your pending drug offense charges.

Criminal Use of a Communication Facility under Pennsylvania Law

Pennsylvania law, at 18 Pa.C.S.A. §7512, states the following: “A person commits a felony of the third degree if that person uses a communication facility to commit, cause or facilitate the commission or the attempt thereof of any crime which constitutes a felony under this title or under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.  Every instance where the communication facility is utilized constitutes a separate offense under this section.”

Under Pennsylvania law, the term “communication facility” means a public or private instrumentality used or useful in the transmission of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part, including, but not limited to, telephone, wire, radio, electromagnetic, photo-electronic or photo-optical systems or the mail. In recent years, this section of Pennsylvania law has come to include the use of a cell phone, text messages and email.

Penalties for Criminal Use of a Communication Facility in Pennsylvania

Visit my Drug Crime Penalties page for information regarding the criminal penalties for criminal use of a communication facility under Pennsylvania law. 

Drug Offense Attorney in Chester, Delaware, Montgomery and Philadelphia Counties

The Law Office of Kevin Mark Wray understands the stress and anxiety associated with an arrest for felony drug charges.  Criminal Defense Attorney Kevin Mark Wray has been representing individuals charged with felony drug charges, including a charge of criminal use of a communication facility under PA law, for over a decade.  Kevin Wray will take the time to gain a thorough understanding of your case and will walk you through each stage of your criminal proceeding in the Pennsylvania courts.  Criminal Defense Attorney Kevin Mark Wray is committed to reaching the best possible outcome for you, including a reduction of your charges, acceptance into an alternative sentencing program such as ARD, or dismissal of the criminal charges against you.

Contact the Law Office of Kevin Mark Wray today at (610) 810-2999 for a free initial consultation regarding your alleged drug offense in Chester, Delaware, Montgomery and Philadelphia Counties.

Law Office of Kevin Mark Wray
200 West Front Street
Media, PA 19063

(610) 800-5487 (mobile)
(610) 810-2999 (office)
(610) 566-1002 (fax)

This web posting is for general information and does not contain a full legal analysis of the matters presented.  It should not be construed as legal advice or relied upon as legal opinion on any specific facts or circumstances.  The invitation to contact Kevin M. Wray, Esquire is not a solicitation to provide professional services and should not be construed as an availability to perform legal services in any jurisdiction in which Kevin Wray is not licensed to practice.

 

Write a new comment: (Click here)

SimpleSite.com
Characters left: 160
DONE Sending...
See all comments

| Reply

Latest comments

27.02 | 05:05

Have you ever heard of a case when a person was charged with felony for forging a prescription for a non-scheduled drug, such as an antibiotic, for example?

...
18.10 | 07:00

Hello friends, I never believed in love spells,I want to share my testimony and how grateful I am since my lover came back to me because of the great help from a powerful spell caster Dr.OGUDO whose email address is [dr.ogudoherbalspelltemple@hotmail.com

...
26.08 | 19:50

I need information on your costs
My fiancee was taken into custody while out of town working, in Philadelphia. I am 9 months pregnant.

...
24.07 | 02:56

i made a threat to a women who was calling after i lost my23yr old Daughter.

...
You liked this page
Hi!
Make your own website like I did.
It's easy, and absolutely free.
AD