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A charge of Possession with Intent to Deliver (PWID) in Bucks County is a severe escalation from simple drug possession. It means the prosecution believes you did not just possess drugs for personal use, but intended to sell, distribute, or traffic them. The Bucks County District Attorney’s Office treats PWID as a top priority, and a conviction carries the threat of decades in state prison, devastating fines, and a permanent felony record.
The defense attorneys at SKA Law Group have extensive experience defending clients against aggressive drug trafficking charges in the Bucks County Justice Center. We know the tactics prosecutors use to elevate simple possession to PWID, and we know how to dismantle their cases to protect your freedom.
What is Possession with Intent to Deliver (PWID) in Pennsylvania?
Under Pennsylvania law (35 P.S. § 780-113(a)(30)), it is a felony to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.
It is a common misconception that police must catch you in the act of selling drugs to charge you with PWID. In reality, no observed sale is required. Prosecutors frequently rely on circumstantial evidence and expert testimony from narcotics officers to prove your “intent” to deliver.
Factors the prosecution will use to argue intent to deliver include:
Quantity: Possessing a larger amount of drugs than is typical for personal consumption.
Packaging: Drugs separated into multiple small baggies or bindles.
Paraphernalia: The presence of digital scales, unused baggies, or cutting agents.
Financial Evidence: Large sums of cash, particularly in small denominations, or “owe sheets” (ledgers tracking sales).
Communications: Text messages or phone records discussing drug transactions.
Penalties for PWID in Bucks County
PWID is a felony offense. Unlike simple possession, the penalties for PWID depend heavily on the specific “Schedule” (classification) of the drug and the weight of the substance involved. While Pennsylvania no longer enforces mandatory minimum sentences for drug offenses, Bucks County courts rely heavily on the state’s Offense Gravity Score (OGS) and sentencing guidelines.
Schedule I and II Narcotics (e.g., Heroin, Fentanyl, LSD): Up to 15 years in prison and fines up to $250,000.
Cocaine, Methamphetamine, and PCP: Up to 10 years in prison and fines up to $100,000.
Other Schedule I, II, or III Drugs: Up to 5 years in prison and fines up to $15,000.
Schedule IV Drugs (e.g., Xanax, Valium): Up to 3 years in prison and fines up to $10,000.
Schedule V Drugs: Up to 1 year in jail and fines up to $5,000 (graded as a misdemeanor).
Additionally, a PWID conviction will result in the forfeiture of any property or assets (including cash, vehicles, or real estate) that the government believes were used in or derived from drug trafficking.
Defending Against PWID Charges in Bucks County
Because PWID carries such severe penalties, it requires an aggressive, multi-tiered defense strategy. At SKA Law Group LLC, our approaches include:
Filing Motions to Suppress: If the police stopped your vehicle without reasonable suspicion or searched your home without a valid warrant or probable cause, we will file a motion to suppress the evidence. If the drugs are thrown out, the prosecution’s case collapses.
Challenging “Intent”: We frequently challenge the prosecution’s drug experts. By providing alternative explanations for the circumstantial evidence—such as proving the drugs were bought in bulk for heavy personal addiction rather than for sale—we can often negotiate to have the felony PWID charge reduced to a misdemeanor simple possession charge.
Disputing Constructive Possession: If the drugs were found in a shared location (like a car trunk or a shared apartment), we force the prosecution to prove beyond a reasonable doubt that you knew the drugs were there and intended to control them.
