What is possession with intent to deliver in Pennsylvania, and how is it different from possession?

Last updated October 4, 2026.

Possession with intent to deliver (PWID) is charged under 35 P.S. 780-113(a)(30), which makes it a crime to manufacture, deliver or possess with intent to manufacture or deliver a controlled substance without being registered or licensed to do so. Simple possession, under 780-113(a)(16), is possession without that intent. The difference is large: simple possession is a misdemeanor with a one-year maximum for a first offense, while PWID is a felony for every schedule except Schedule V, with maximums from 3 to 15 years depending on the drug (780-113(b) and (f)).

Because the substance can be the same in both charges, a PWID case usually turns on whether the evidence proves an intent to deliver. For our drug defense work in Delaware County, see our drug crimes page.

What are the PWID penalties by drug?

Marijuana is listed in Schedule I of the Act. Separate subsections set 15-year maximums for GHB and MDMA-type substances (780-113(n) and (o)) and a two-year mandatory minimum of total confinement for manufacturing methamphetamine or amphetamine (780-113(k)). For the possession side, see the penalties for drug possession.

What turns possession into intent to deliver?

The Act does not list what proves intent; it is a question of fact for the judge or jury based on all the evidence. Evidence that may bear on intent includes the quantity compared with personal use, how the drugs were packaged, scales or packaging materials, large amounts of cash, ledgers or messages, and the absence of items for personal use. The defense responds with the opposite facts and with challenges to how the evidence was obtained.

Delivery itself, actually transferring the drug, is charged under the same clause (780-113(a)(30)), and so is "creating, delivering or possessing with intent to deliver" a counterfeit controlled substance. When drugs are found in a shared car or home, the evidence connecting a particular person to them is often the main fight in the case.

What if the substance was fake or not a controlled substance?

Selling fake drugs is its own crime. Clause (35) of 780-113(a) prohibits manufacturing, distributing, possessing with intent to distribute or selling a noncontrolled substance that has a stimulant or depressant effect and substantially resembles a specific controlled substance, and knowingly distributing or selling a noncontrolled substance while representing that it is a controlled substance. The statute lists factors such as whether the pills look like a real controlled substance in size, shape, color and markings, and how they are packaged and labeled. A violation of clause (35) is a felony carrying up to five years in prison or a $10,000 fine, or both (780-113(j)).

Clause (30) separately covers counterfeit controlled substances. Delaware County's Young Offender Program application lists both clause (30) and clause (35) marijuana-related charges, including synthetic marijuana, among the charges it accepts. The way a lab report identifies the substance therefore matters, which is one reason the 10-day window to demand the analyst's testimony under Rule 574 deserves attention. Our page on formal arraignment and pretrial motions lists that and the other deadlines that run before trial.

How does a PWID case move in Delaware County, step by step?

1. Arrest and bail. A felony charge usually begins with an arrest and a preliminary arraignment, where bail is set; see how bail works in Pennsylvania.
2. Preliminary hearing. At the district court where the arrest happened, the Commonwealth must show a prima facie case for intent, not just possession; a judge can hold only the possession count. See what happens at a preliminary hearing.
3. Program decision. For a felony marijuana case, the Delaware County Young Offender Program requires waiving the preliminary hearing and applying immediately, according to its application.
4. Arraignment and motions. Suppression of a search must be raised in the omnibus motion within 30 days of arraignment (Pa.R.Crim.P. 579, 581).
5. Lab report. The DA's notice of a lab report without live testimony is due at least 20 days before trial, and the defense has 10 days to demand the analyst (Pa.R.Crim.P. 574).
6. Resolution. Dismissal, a program, a plea to a lesser charge such as possession, or trial.

What changes the answer?

• A prior PWID conviction. A second or later PWID offense can carry up to twice the prison term and fine otherwise authorized, counting similar federal or out-of-state convictions (780-115).
• Selling to a minor. A person 21 or older who is not drug dependent and who distributes to someone under 18 at least four years younger faces up to twice the authorized prison term (780-114).
• A death. If someone dies from a substance delivered in violation of 780-113(a)(14) or (30), the charge can be drug delivery resulting in death, a first-degree felony with up to 40 years (18 Pa.C.S. 2506).
• The drug. The schedule sets the maximum (780-113(f)).
• First-offender relief. Probation without verdict is not available for a PWID or delivery charge (780-117(1)(vi)), and the automatic expungement for withdrawn or dismissed drug charges excludes them (780-119(a)); see expungement and Clean Slate.
• Delaware County programs. The Young Offender Program covers 18 to 25 year olds charged with PWID or delivery of less than one pound of marijuana (or fewer than ten plants), with no other Title 18 crimes or non-summary vehicle offenses and no weapon. The Drug Treatment Court lists serious drug charges among disqualifying offenses, according to the DA.

For example: a marijuana PWID charge for a college student

Here is a hypothetical. A 20-year-old in Media is found with several ounces of marijuana divided into bags, a scale and a phone with messages about prices. He is charged with PWID under 780-113(a)(30), a felony with a five-year maximum because marijuana is a Schedule I substance, and with possession.

His lawyer reviews the search and, because he has no record and the amount is under one pound, discusses the Young Offender Program. That route means waiving the preliminary hearing, applying right away, completing a biopsychosocial evaluation and tendering a no contest plea held in abeyance. If he completes 18 months of supervision, employment or school, community service and a marijuana education program, the case is dismissed and can be expunged a year later if he has no new arrests. This example only illustrates the options; it does not predict any result.

What mistakes do people make with PWID charges?

• Explaining the scale or cash to police. Statements are often the strongest intent evidence.
• Assuming small amounts cannot be PWID. Packaging and messages can support intent even for modest quantities.
• Missing the program window. The Young Offender Program requires waiving the preliminary hearing and applying immediately.
• Waiving the suppression issue. It must be in the timely omnibus motion (Rule 581(B)).
• Ignoring the lab report notice. Without a demand within 10 days, the report comes in without the analyst (Rule 574).
• Not considering a plea to possession. The difference in maximums can be years.

What should I do this week?

1. Write down where everything was found and who else had access.
2. Save your bail papers and the preliminary hearing notice.
3. Do not discuss the case by phone or text; messages are evidence.
4. If you are 18 to 25 and the case involves marijuana, ask about the Young Offender Program before the hearing.
5. Gather proof of school, work or treatment.
6. Book a consultation before the preliminary hearing.

Frequently asked questions

Is PWID always a felony?

For Schedules I through IV, yes; for Schedule V it is a misdemeanor (780-113(f)).

Can a PWID charge be reduced to possession?

Possession is a lesser charge based on the same substance, and the intent element is often contested at the preliminary hearing and in plea discussions.

Does marijuana PWID carry the same penalty as heroin?

No. Marijuana under 1,000 pounds falls under the five-year maximum, while Schedule I or II narcotics carry up to 15 years (780-113(f)(1) and (2)).

What is the Young Offender Program?

An 18-month Delaware County program for low-risk first-time offenders aged 18 to 25 charged with felony marijuana offenses; completion leads to dismissal. It is compared with other options in diversion programs in Delaware County.

What penalties does each grade of crime carry?

PWID maximums are set in the Act itself; the general grading scheme for other crimes is in the Pennsylvania criminal penalties chart.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a possession with intent to deliver charge. Evening and weekend appointments are available.