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What is Possession of Meth or Ecstasy with Intent to Deliver (PWID)? |
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Possession of Meth or Ecstasy 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 Meth or Ecstasy was found.
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Penalties: |
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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 Meth or Ecstasy 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 bottle of ecstasy pills in her purse, 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 Meth or Ecstasy, 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 Ecstasy pills, 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 Meth or Ecstasy on them or in their car, but does not know that it is either drug 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 a tackle box filled with bottles of ecstasy pills 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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