Possession with Intent to Distribute Charges in SC

Possession with intent to distribute, or PWID, is when a person is charged with possessing a controlled substance that they intend to sell or distribute.

Intent is a thing that is only in a person’s mind, though – how can they prove that?

Below, we will discuss all you need to know about possession with intent to distribute charges, including:

• The statutory definition of PWID,
• The difference between PWID, possession, trafficking, and distribution,
• How the state can prove intent to distribute, and
• The potential penalties for possession with intent to distribute charges in SC.

What is Possession with Intent to Distribute (PWID) in SC?

How does SC law define possession with intent to distribute?

SC Code § 44-53-370(a) makes it a crime to “manufacture, distribute, dispense, deliver, purchase, aid, abet, attempt, or conspire to manufacture, distribute, dispense, deliver, or purchase, or possess with the intent to manufacture, distribute, dispense, deliver, or purchase a controlled substance or a controlled substance analogue.”

That covers several drug offenses in SC, including drug distribution, possession with intent to distribute, and manufacturing drugs, all of which have the same penalties if convicted.

Note that possession with intent to distribute covers more than just an intent to sell drugs. Although the intent to sell is ordinarily what prosecutors allege, it could also include possession with the intent to:

• Manufacture (growing marijuana, for example),
• Distribute,
• Dispense,
• Deliver, or
• Purchase (“possession with the intent to purchase” might be a difficult case to prove – what, did they take the drugs for a test drive?)

PWID or Simple Possession?

The difference between possession with intent to distribute and simple possession is the intent to distribute the drugs – how do they prove that?

In most cases, law enforcement will automatically charge a person with PWID if the amount of drugs found weighs more than the “threshold amount.”

For example, if you have less than an ounce of marijuana, you will most likely be charged with simple possession. If you have more than an ounce of marijuana, you will most likely be charged with possession with intent to distribute.

That doesn’t mean you are guilty of PWID, though – there is a statutory “inference” that you intended to distribute the drugs if they are over the threshold weight, but, if the state cannot prove intent, a jury can still find you guilty of the lesser included offense of simple possession (a 30-day misdemeanor) instead of PWID (which carries up to five years for a first offense).

How do They Prove Intent?

Apart from the statutory threshold weight, an intent to distribute can be proven through other evidence including:

• “Distribution paraphernalia” like baggies, scales, or ledgers to track sales,
• Testimony from codefendants or other witnesses who have purchased drugs from you,
• The packaging of the drugs found – whether they were in a single container or many smaller containers packaged for resale, or
• Statements that you made to law enforcement when you were arrested.

If the state does not prove an intent to distribute, even if the drugs were over the threshold amount, you could be found guilty of the lesser included offense of simple possession.

PWID or Drug Trafficking?

The difference between PWID and drug trafficking is also based on statutory threshold weights. For example, if you have more than a pound of marijuana, you will most likely be charged with trafficking in marijuana; whereas, if you have less than a pound, you will most likely be charged with PWID.

What’s the Difference Between PWID and Drug Distribution?

Drug distribution is charged under the same statute as PWID and has the same potential penalties, but distribution requires proof of a completed sale for a conviction.

Threshold Weights for Possession with Intent to Distribute Charges in SC

What are the threshold weights that make simple possession a PWID charge? They are found in SC Code § 44-53-370(d)(4):

• One ounce of marijuana,
• Ten grams of hashish,
• One gram of cocaine, cocaine base (crack cocaine), or meth,
• Two grains of opium, morphine, or heroin,
• 50 micrograms of LSD, or
• 15 dosage units of MDMA/ecstasy/Molly).

In most cases, when the drugs found exceed the threshold weight, you will automatically be charged with PWID (although your attorney may get the charges reduced to simple possession if there is no evidence of an intent to distribute).

Potential Penalties for Possession with Intent to Distribute

The potential penalties for possession with intent charges in SC are based on 1) the type of drug and 2) the number of prior drug offenses:

Can a PWID Conviction be Expunged from Your Record?

Under the 2018 amendments to SC’s expungement laws, possession with intent to distribute any controlled substance can be expunged, but you must wait 20 years after the completion of the sentence.

Criminal Defense Lawyers in Columbia, SC, and Myrtle Beach, SC

The Thompson and Hiller Defense Firm only accepts criminal defense cases including any kind of SC drug charges.

If you have been charged with simple possession, possession with intent to distribute, distribution, or trafficking of marijuana, cocaine, heroin, or any drug, call the Thompson & Hiller Defense Firm at (843) 444-6122 or contact us online to find out how we can help.