Michael F. Niznik

Pennsylvania State Law 35 P.S. § 780-113(a)(30), defines possession with intent to distribute as: the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.

 

Possession with Intent to Distribute (PWID) is a more serious crime than Possession of a Controlled Substance. PWID is charged as a felony offense while Possession is charged as a misdemeanor. PWID often involves allegations that the possession was for more than personal use. The amount possessed and any paraphernalia involved often are cited as reasons for the PWID charge over simple Possession. 

 

DEFENSES TO DRUG POSSESION CHARGES

 

• Lack of intent

• Lack of knowledge

• Insufficient quantity of the drug to constitute possession

• The defendant has a valid prescription for the substance

• The defendant has a license to carry the drug or is a medical practitioner licensed by the State

• The controlled substance did not belong to the accused

• Unlawful search and seizure

• Entrapment

 

If you or someone you know has been charged with PWID, contact Philadelphia Drug Crime Attorney Michael F. Niznik for a free consultation.