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What is Possession of Cocaine or Heroin with Intent to Deliver (PWID)? |
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Possession of Cocaine or Heroin with Intent to Deliver is knowingly possessing either drug with the plan to sell or give it away to someone else. The penalties are determined by how much Cocaine or Heroin was found.
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Penalties: |
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One kilogram or more: up to life in prison and/or $1,000,000
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450 grams to one kilogram: up to 30 years in prison and/or $500,000
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50 grams to 450 grams: up to 20 years in prison and/or $250,000
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Less than 50 grams: up to 20 years in prison and/or $25,000
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What Defenses Are There? |
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Mere Presence: |
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If the alleged perpetrator is only in the presence of the Cocaine or Heroin without having the right to use or control it, he might be innocent. For example, if a husband and wife are in a car together and the husband knows the wife has a baggy of cocaine on her, he is not guilty of possessing it himself. |
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No Intent to Deliver: |
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If the alleged perpetrator possesses Cocaine or Heroin, but does not intend to deliver or sell it to someone else, then they have a recognized defense against this charge. For example, even if someone has a large quantity of Cocaine, they might be able to argue that it was a year’s supply for personal use. |
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Lack of Knowledge: |
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If someone has Cocaine or Heroin on them or in their car, but does not know that it is Cocaine or Heroin or that it is present, he is not guilty of possession with intent to deliver. For example, if someone borrows someone else’s car and there is 5 kilograms of heroin in the trunk, he is not guilty of possession if he doesn’t know it is there or if he knows it is there but doesn’t know what it is. The person who owns the car may still be charged/guilty of possession even if they weren’t present. |
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Jury Instruction |
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The defendant is charged with the crime of illegally possessing with intent to deliver [(state weight) of a mixture containing] a controlled substance, ___________. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt: First, that the defendant knowingly possessed a controlled substance. Second, that the defendant intended to deliver this substance to someone else. Third, that the substance possessed was _____________ and the defendant knew it was. |
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Related topics |
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