How can I be charged with possession with intent to deliver when the police only found a small amount of drugs?

Felony Possession With Intent to Deliver vs. Misdemeanor Personal Use in Pennsylvania

When it comes to drug possession charges in Pennsylvania, one of the most important distinctions is intent. The same quantity of drugs can result in very different criminal charges depending on whether the drugs were possessed for personal use or for the purpose of distribution.

Understanding the difference between these two classifications can mean the difference between eligibility for a diversionary program like ARD or facing serious prison time and a permanent criminal record.

What Determines Intent: Use vs. Distribution?

The intent behind possession is not always obvious and is often determined by looking at the circumstances surrounding the arrest. The most common factors law enforcement and prosecutors consider include:

✅ Drug Quantity

Larger quantities can raise suspicion of intent to distribute. For example, while a few grams of marijuana might suggest personal use, 113 grams (a quarter pound) may trigger a felony charge.

✅ Drug Paraphernalia

Case Example: Personal Use Misinterpreted as Felony Intent to Deliver

A Penn State student, represented by JD Law, was charged with felony Possession With Intent to Deliver (PWID) after campus police found approximately 113 grams of marijuana in his dorm room. No distribution-related items (like scales or cash) were present, and his roommate confirmed that the student used marijuana but did not sell it.

Attorney Jason S. Dunkle explained to the Centre County District Attorney that the student had purchased marijuana in bulk—a “Sam’s Club approach”—to save money and avoid multiple illegal transactions. The DA recognized the lack of delivery intent and agreed to reduce the charge to misdemeanor possession, allowing the student to enter the ARD program and ultimately have the record expunged.

Who Decides: Intent to Deliver or Personal Use?

Initial Charge: Police or Prosecutor

The decision to file felony or misdemeanor charges is initially made by the police officer, sometimes with input from a prosecutor. Officers need probable cause—a low evidentiary standard—to file the charges.

Final Decision: Jury at Trial

If the case goes to trial, the jury determines whether the defendant intended to distribute the drugs. The prosecution must convince all 12 jurors beyond a reasonable doubt. In the example above, had the DA not agreed to drop the felony charge, it would have gone to trial where the jury would have considered whether the evidence proved intent to deliver.

Charged With Possession With Intent to Deliver? Call a State College Drug Lawyer

If you’ve been charged with PWID or misdemeanor drug possession in Pennsylvania, the difference in charges can drastically affect your future. That’s why it’s critical to contact an experienced drug defense attorney who understands how to challenge the prosecution’s theory of intent.

At JD Law, our attorneys have been defending clients in Centre County and throughout Pennsylvania since 2004. We know how to negotiate with prosecutors, prepare mitigation packages, and fight at trial when necessary.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.