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Proof of possession with intent to distribute (PWID) can be made in a variety of ways and often by circumstantial evidence. The most common circumstantial evidence used to prove intent to distribute is quantity (possessing an amount too large to be consistent with personal use only) and packaging (possessing the drug in units adapted to retail sale). These factors, along with other evidence indicative of distribution (scales, baggies, large amounts of cash, firearms, presence in an "open drug market," etc.) will be used by the prosecutor to prove a PWID case. A proseuctor's best evidence of itent is an admission from you of your intent to sell a drug or if you are stopped on your way to sell drugs to an undercover detective.
If you have been charged with PWID Marijuana, Cocaine, Heroin, PCP, Methamphetamine ("Meth"), Cathinone ("Khat"), Ecstasy (MDA or MDMA), LSD, Psilocybin (mushrooms), or another controlled substance under section 18.2-248, 18.2-248.1, 18.2-248.03, or another section of the Virginia Code, the situation is much more serious than a simple drug possession charge. The severity of the penalty associated with a PWID conviction depends partly on the drug that was possessed. For marijuana the penalty can be up to 30 years in prison. For other drugs, the maximum penalty ranges from 40 years to life. Moreover, unless your defense attorney can convince the prosecutor or judge to reduce the charge to simple possession, a deferred (or 251) disposition is not available to those convicted of PWID. The penalties associated with a PWID conviction can be extremely harsh.