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What is Possession of Marijuana with Intent to Deliver (PWID)? |
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Possession of Marijuana with Intent to Deliver is knowingly possessing marijuana with the plan to sell or give it away to someone else. The penalties are determined by how much marijuana was found.
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Penalties: |
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Delivery of 45 kilograms or more of marijuana (or 200 plants): up to 15 years in prison and/or $10,000,000
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Delivery of 5-44 kilograms of marijuana (or 20-199 plants): up to 7 years in prison and/or $500,000
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Delivery of 1-4 kilograms of marijuana (or less than 20 plants): up to 4 years in prison and/or $20,000
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Giving away marijuana, without charging for it: up to 1 year in jail and/or $1,000
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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 marijuana 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 marijuana 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 marijuana, 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 marijuana, 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 marijuana on them or in their car, but does not know that it is marijuana 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 20 pounds of marijuana 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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Valid License to Grow Medical Marijuana: |
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If a person possesses a valid caretaker’s license to grow and cultivate marijuana, he might be innocent despite possessing a large quantity of marijuana. |
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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, marijuana. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
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First, that the defendant knowingly possessed a controlled substance.
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Second, that the defendant intended to deliver this substance to someone else.
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Third, that the substance possessed was marijuana and the defendant knew it was.
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Related topics |
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