Drug Distribution Criminal Defense South Carolina

What is Possession with Intent to Distribute?

Possession with Intent to Distribute, sometimes abbreviated to PWID, is one of the most serious criminal charges someone could face in South Carolina. This charge can arise due to a particular set of factors. As the name implies there is an element of distribution, or sale, of illegal drugs. Unlike simple possession, which is based almost exclusively on a specific amount, to be charged with PWID there need to be additional alleged criminal elements. 

Law enforcement must claim that the drugs found in someone’s possession were not for personal use only. There had to have been elements present that show that the defendant was involved in selling or distributing the drugs.

Penalties for a Possession with Intent to Distribute Charge in South Carolina

As mentioned above, law enforcement must allege that certain factors were present when they made an arrest. These factors must point to drugs being in a person’s possession for more than just personal use. The person must be alleged to be a drug dealer or involved in the sale or distribution of drugs. This can be due to there being present paraphernalia, baggies, scales, ledgers, etc. However, even if these factors were not present, someone can face PWID charges simply by having above a certain amount of drugs.  

Possession of over an ounce of marijuana can lead to a PWID charge. This can result in up to 5 years of imprisonment for a first-time offense.

Possession of more than 1 gram of cocaine, or crack cocaine, is enough to be charged with Possession with Intent to Distribute. This carries a possible sentence of 15 years imprisonment for a first-time offense. A second offense has a 5-year mandatory minimum sentence.

Possession of methamphetamine has the same threshold weight as cocaine. This means that being in possession of over 1 gram can result in up to 15 years of prison.

Heroin has a different threshold weight. Being in possession of over 2 grains of heroin means a lengthy possible sentence. What’s a grain? It’s essentially under 70 milligrams. 

Contact Cornwell Law Today

Attorney Ashley Cornwell at the Cornwell Law firm has helped countless individuals in Charleston, Mount Pleasant, Goose Creek, Orangeburg, and throughout South Carolina. Ashley Cornwell fights tirelessly to defend her clients’ rights and seek the best possible outcome. Our firm focuses on providing legal representation and customized service which will help you deal with your legal needs. Contact us today.

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