PWID, or possession with intent to distribute in SC, is when someone 1) possesses a controlled substance 2) with the intent to distribute it.

Although the state must prove an intent to distribute, police will often charge a person with possession with intent to distribute based on the weight of the drugs found. How does that work?

Below, we will go over the basics of possession with intent to distribute charges in SC, including:

• What PWID means,
• The threshold weights for PWID charges,
• How the state can prove intent to distribute, and
• The potential penalties for a possession with intent to distribute conviction.

What is PWID, or Possession with Intent to Distribute?

As the name suggests, you can be convicted of possession with intent to distribute if the state proves 1) that you possessed drugs and 2) that you intended to distribute the drugs you possessed.

Despite this, most people are charged with possession with intent to distribute based on the weight of the drug found.

Police Might Charge You with PWID Based on Weight

Each controlled substance has statutory “threshold weights” that are listed in SC Code § 44-53-370(d)(4).

If the weight is the threshold weight or less, the person is usually charged with simple possession (although you can be charged with PWID if there is other evidence of an intent to distribute), and, if the drugs are above the threshold weight, the person is usually charged with possession with intent to distribute.

The statutory threshold weights include:

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

Why do police charge possession with intent to distribute based on a drug’s weight when they have to prove an intent to distribute to get a conviction?

But They Must Prove an Intent to Distribute

Possession of drugs that weigh more than the statutory threshold weight creates an inference that you intended to distribute the drugs – the threshold weights are the amount of each drug that the legislature decided would be too much for personal consumption; therefore, the person must have intended to sell what they had.

SC’s drug laws say that, if you possess more than the threshold weight, you are “prima facie guilty” of possession with intent to distribute. You can still present evidence to prove that you did not intend to distribute the drugs, like the absence of drug sales paraphernalia, expert testimony as to the amount of the drug that a person would keep for personal use, or your testimony.

The prosecutor can also present additional evidence that you did intend to distribute the drugs, like:

• Statements that you made to law enforcement or others,
• Testimony from witnesses or codefendants,
• How the drugs were packaged (one container or lots of smaller packages), or
• Evidence that you also possessed scales, baggies, ledgers, or other evidence of drug sales.

Why does it matter?

In some cases, a drug charges trial may be about persuading jurors that you possessed drugs for personal use as opposed to possessing drugs for resale.

Consider that a conviction for simple possession of marijuana (if it is an ounce or less) carries a maximum penalty of 30 days in jail and can be expunged after three years, while a conviction for possession with intent to distribute marijuana first offense carries up to five years in prison and can only be expunged 20 years after the conviction…

In most trials, jurors will have the option of finding a person guilty of lesser included offenses like simple possession instead of PWID, or possession with intent to distribute instead of drug trafficking.

Penalties for PWID/ Possession with Intent to Distribute Charges in SC

The potential penalties for possession with intent to distribute charges are significantly greater than the penalties for simple possession, but less than the penalties for drug trafficking in SC.

The potential penalties for PWID, distribution, or manufacturing drugs are the same.

Can a PWID Conviction be Expunged in SC?

The 2018 amendments to SC expungement laws made significant changes to the expungement of drug offenses, including:

• Simple possession of any controlled substance (after three years), and
• Possession with intent to distribute any controlled substance (after 20 years).

PWID Defense Lawyers in Charleston, SC

Charleston, SC drug crimes defense attorney Grant B. Smaldone accepts criminal defense cases in the Charleston, Dorchester, Georgetown, and Myrtle Beach areas of SC, including simple possession charges. If you’ve been charged with any drug offense in South Carolina, including:

• Simple possession,
• Possession with intent to distribute,
• Distribution,
• Manufacturing, or
• Trafficking,

Call now at (843) 808-2100 or send us a message for a free consultation about your case.