Pennsylvania's Controlled Substance, Drug, Device, and Cosmetics Act makes it a crime to possess, sell, manufacture, or deliver drugs in the state. Even if you're found with only small quantities of drugs on your person, you could face serious charges––charges such as possession with intent to deliver or drug trafficking. Under PA law, there's very little practical difference between these charges; however, as we'll discuss, there are circumstances where you're more likely to face one charge than the other.

Should you face drug charges, it's critical you act immediately to protect yourself and explore your options for defending the allegations. To take control of the situation and build the strongest possible defense, call the LLF Law Firm Criminal Defense Team at 888.535.3686 or tell us about your case online.

What Is Possession with Intent to Deliver (PWID)?

PWID, a felony or misdemeanor offense, is the sale, possession, procurement, or delivery of a controlled substance. It differs from simple possession charges because there's evidence of an intent to deliver the drugs or to create drugs for sale rather than retain them for personal use. Evidence the prosecution may look for includes cash reserves, scales, communications, and bags for transporting drugs, e.g. zip-lock bags.

What Is Drug Trafficking?

Drug trafficking, a felony offense, is the sale, possession, creation, or delivery of significant quantities of controlled substances––typically across multiple jurisdictions. To pursue drug trafficking charges, the prosecution will look for evidence of large-scale operations, such as communications, distribution networks, vehicles, and storage facilities.

PWID vs. Trafficking

Clearly, PWID and trafficking are almost the same charges in PA. However, the prosecution is more likely to seek the more serious trafficking charge if there's evidence of an intent to distribute sizable quantities of drugs far in excess of personal consumption. They're also more likely to proceed with trafficking charges if the defendant can be linked in some way to the manufacturing of drugs, not just to distribution.

Penalties for PWID and Drug Trafficking

The penalties for any drug-related charge in PA depend on various factors, including:

• The specific drug(s) found
• The drug quantity
• The defendant's criminal record
• The defendant's alleged role in any drug-related criminal operation

Trafficking charges result in more severe penalties, with mandatory minimum jail sentences depending on the drugs and the quantity of drugs involved. However, PWID charges can––and often do––lead to jail time and significant financial penalties.

First Time Offenders

In some cases, first-time offenders may be offered enrolment in a drug diversion program or an “alternative to jail program” rather than facing jail time. The goal is to encourage rehabilitation and to keep non-violent offenders out of the prison system. Successfully completing such a program means the conviction could be expunged or removed from your criminal record, allowing you to move forward with as few long-term consequences as possible.

Not every drug charge is eligible, and courts have discretion as to whether to consider a drug diversion program for any defendant. Your LLF Law Firm attorney can explain your options and, if applicable, help you pursue entrance to a program.

Retain Experienced Drug Crime Defense Attorneys in PA

Whether you face drug trafficking or possession charges, the penalties can be severe––even life-changing. That's why, the moment you are arrested on a drug charge, you should contact the LLF Law Firm Criminal Defense Team at 888.535.3686 or through our online form. Our experienced drug defense attorneys will guide you through the challenging legal procedures involved and will help you craft the best possible defense strategy. Contact us immediately to secure the help you deserve.