Possession With Intent to Deliver (often abbreviated PWITD) is charged when the State believes you possessed a controlled substance not just for personal use, but to sell or distribute. Because intent is inferred from circumstances, these charges are sometimes filed even when no sale ever took place.
How the State Proves "Intent"
Prosecutors rarely have direct proof of intent. Instead they point to circumstances — the quantity of the drug, the presence of scales, baggies, or large amounts of cash, the packaging, and statements made during the arrest. Each of these inferences can be challenged. The governing statutes are found in Texas Health and Safety Code § 481.112 and the related delivery sections for each penalty group.
Punishment Range
PWITD is a felony, and the level depends on the substance and aggregate weight, ranging from a state jail felony up to an enhanced first-degree felony carrying up to life in prison and substantial fines.
How These Cases Are Defended
A key defense is attacking the inference of intent — arguing the facts show personal possession, which carries far lower penalties. Other defenses include unlawful search and seizure, problems with a warrant, informant reliability, chain of custody, and the lab's testing and weighing of the substance.
If you have been charged in Conroe, The Woodlands, or anywhere in Montgomery County, contact Brian Foley Law PLLC for a free, confidential consultation with a Board Certified criminal defense attorney and former Chief Prosecutor.