Possession with the intent to distribute (PWID) carries stricter penalties than simple possession of drugs. If you’re caught with what the police believe to be a large amount of drugs and/or you are caught with drugs and paraphernalia that may make it appear as though you were engaged in the sale and distribution of drugs, then you can be charged with PWID. Even if you had a large amount of drugs that was only for personal use, you can still be charged with PWID.
Something to keep in mind for PWID is that it’s not necessarily possession with intent to sell. Many people think they can only be found guilty of possession with intent to distribute if they were either caught in the act of selling or were planning on selling the drugs. That is not true. You can be found guilty of possession with intent to distribute for way less than selling drugs. The statute, among other things, says that someone violates this law if they “distribute, dispense, transport with intent to distribute or dispense, possess with intent to manufacture, distribute, or dispense, a controlled dangerous substance or to solicit the use of or use the services of a person less than eighteen (18) years of age to cultivate, distribute or dispense a controlled dangerous substance . . . .” The word “sell” is not found anywhere in the statute.
The threshold for something to constitute “intent to distribute” is actually quite low. For example, let’s say you are smoking marijuana with a group of people and you all are passing around a joint. If you have that joint in your hands and intend to pass it to another person after you take a hit, then you can be found guilty of PWID because you intended to give it to another person. And note that you don’t even have to give it to someone. You just have to intend to give it to someone.
Take another example where you are stopped by law enforcement on the road. They find drugs and question you about them. You casually say that you were merely bringing them over to a friend’s house because he left them at your house the previous night. Well, you likely just talked yourself into a felony PWID charge. It doesn’t matter that no money is to be exchanged or that you’d test clean for drugs. All that matters is that you intended to give those drugs to someone else.
Penalties For PWID In Oklahoma
The statute that covers PWID in Oklahoma is 63 OS § 2 401. Every charge of PWID is a felony. If it’s a Schedule I or II drug that’s narcotic a drug, LSD, GHB and several others, then you can be imprisoned for five years to life and fined up to $100,000. If it’s any other drug that is a Schedule I, II, III or IV drug, then you can be imprisoned for two years to life and fined up to $20,000. If it’s a Schedule V drug, then you can be imprisoned for up to five years and a fined up to $1,000.
What Happens When Someone Is Charged With PWID In Oklahoma After Having Been Convicted Of PWID?
Any person convicted more than once for PWID will be considered a habitual offender and sentenced under 21 OS § 51.1.
For more information on Possession With Intent To Distribute, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (405) 633-3420 today.