What Does Possession with Intent to Distribute Mean in Maryland?
Due to the severe consequences that often accompany a possession with intent to distribute conviction it’s important that you understand exactly what you are facing. Below are some commonly asked questions on PWID in Maryland. For more information on your case or for help developing a defense schedule a consultation with a Maryland drug lawyer today.
What is Possession With Intent to Distribute in Maryland?
Possession with intent to distribute is referred to sometimes as PWID. Possession with the intent to distribute is possession with the intent to distribute some form of criminal narcotic. These are all drug charges. They can be related to anything as low as marijuana to meth, oxycodone, anything that has been listed as illegal. If you’re found with a substantial amount of it and it’s bagged, individually broken off, or there’s scale present then an officer, detective or vice squad can make the presumption that you are distributing.
Most cases that end up with PWID have some similarities in respect to the fact that, one, they all have a large amount of drugs, two, they always find bags and scales there, and three, there’s always cash, lots of it. The worst of those cases also found some form of weapon. If they find a weapon then you really have bigger problems.
Again, for the intent to distribute, they have to prove that your intentions were not for self-medication, for self-use. That’s the big thing.
Under What Circumstances Can PWID Be Charged in Maryland?
Number one, they have to be able to find the drugs and assert that this is in fact the drug operation. Depending on what they get the case from, for example if it’s a general stop. If you’re driving and you get pulled over, they have reason to search the vehicle. If they smell marijuana and search the vehicle and find two pounds of marijuana, a scale and a bunch of baggies then that is where they can get into possession with intent to distribute.
There has to be a distinction of the traffic stop ending and a criminal matter beginning, where then they would need a search warrant. Often, they’ve got a good warrant and they have the ability to search because someone tipped them off. If you are under investigation, if there was a wire tap, if there’s ways to put a correlation between you and the drugs, then they’re going to need that. That’s how they can get a warrant.
Possession with Intent vs Simple Possession
I’ve had some cases that are very much simple possession although it’s a large amount and they still charge you with possession with intent to distribute. It can be random. Again, the most glaring defect in any case is a lack of bag or scale. Without that information, we were looking at someone who has got a lot of drugs.
They like to smoke a lot of pot. They like to do a lot of heroine. But having a large amount of drugs doesn’t mean that you’re selling. They need to show your intent to distribute. You’re intending to try and sell this for money. You’re intending to give it to others. It becomes a little bit less recreational.