Possession with Intent to Distribute, 35 P.S. 780-113(a)(30)

Elements:

  • The manufactury, delivery or possession with intent to manufacture or deliver
  • A controlled substance
  • By a person not registered or licensed by the appropriate State Board
  • OR, creating, delivering, or possessing with intent to deliver,
  • a counterfeit controlled substance.war+on+drugs

Penalties:

  • Felony
  • Imprisonment and fine depending on substance and amount.

Under Pennsylvania law, drug delivery or “PWI” can be the exchange of a controlled substance, like marijuana, cocaine, or heroin, from one person to another or the possession with intent to exchange or manufacture the substance.  As long as there is some type of transaction, regardless if money is involved (or planned), a drug delivery offense has taken place.  A drug delivery is always graded as a felony. Penalties will depend on the type of drug, the weight or amount of the drug, and the person’s prior criminal convictions.

No matter the weight of the controlled substance, a delivery (or intent to deliver) is always a felony, even if the weight is less than a gram.  The greater the weight, the greater the punishment.