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What is the difference between Possession with Intent to Deliver and just illegal Possession?
Well, the biggest difference is the criminal penalty. Possession with the intent to deliver or distribute a drug in Pennsylvania (or what we sometimes call PWID) is a felony offense in Pennsylvania, whereas just possession (which we sometimes called Knowing and Intentional (K/I) Possession) is a misdemeanor crime.
With a felony there is a real possibility of state prison sentence whereas the criminal penalty for misdemeanor is usually probation or possibly a much shorter county jail sentence with immediate parole. A felony conviction may also limit your professional and education opportunities because many programs will deny you admission because of it. Pennsylvania also won’t permit you to carry or even be in the possession of firearm with a felony conviction
With a PWID charge the prosecution must establish beyond a reasonable doubt that you distributed or intended on distributing a drug a controlled substance to another person. They can do this through evidence of observed drug sales, transactions or what we call circumstantial evidence of this crime such as a substantial amount of drugs in your possession, money or drug paraphernalia like scales, bags in your possession.
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