PWISD: Possession with Intent to Sell or Deliver a Controlled Substance: N.C.G.S. § 90-95(a)
Under North Carolina law, if you are alleged to be in possession of a controlled substance (as defined under State law (not to be confused with the different federal schedule), the State may charge you with PWISD. You can be charged with PWISD Marijuana (Schedule IV), PWISD Cocaine (Schedule II), PWISD Heroin (Schedule I), or any other substance appearing on the state list.
In order to prove PWISD, the State must prove more than mere possession. Specifically, the prosecutor must prove that your state of mind at the time of the possession rose to the level of the intention to sell or deliver the substance to another party.
In some cases, the State will seek to prove that intent by way of circumstantial evidence. For example, if you are found to be in possession of a quantity of cocaine, and in addition to that cocaine, you are in possession of a quantity of small baggies and a scale, then you will almost certainly be charged with PWISD as a result of the State’s theory that the presence of the alleged paraphernalia proves your intent to sell or deliver the cocaine to others.
There are, however, viable defenses to felony drug charges. Can the State prove that you were in possession of the controlled substance, as opposed to some other party who may have been present in the same location? Has the State proven that the substance was, in fact, a controlled substance — as opposed to a fake, or an analog that is not illegal? Has the State proven the requisite knowledge and intent to meet the elements of a felony charge?
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If you’ve been charged with a felony drug crime, you need experienced counsel in your corner. Call a Durham criminal defense lawyer if you have been arrested or charged with any misdemeanor or felony drug offense in Durham, North Carolina or surrounding counties. Contact us today for a free, confidential consultation and case evaluation at (919) 899-9404.