Getting charged with a PWISD is not as simple as a possession charge. PWISD is short for “Possession with Intent to Sell or Deliver” a controlled substance. Controlled substances include everything from marijuana to heroin. However, depending on what drug you possess, the penalties can be vastly different. Let’s look at what can happen when you face PWISD charges and how to get the best outcome in your particular case.
Schedule 1 Substance Charges
All drugs in NC are part of a schedule that classifies the drugs according to their potency and addiction potential. For example, heroin is a schedule 1 substance, while marijuana is schedule VI. Because heroin’s addiction potential is high and its medical use low, its schedule 1 designation brings the heaviest penalties.
Even if you only face possession charges for a small amount of a schedule 1 substance and it’s a first-time offense, your consequences can still be stiff. You can face a Class I felony conviction with 6-12 months in prison and fines.
Schedule 1 substances all have similar consequences for possessing different amounts. Other schedule 1 drugs include:
- Heroin
- Ecstasy
- GHB
- Methaqualone
- Peyote
- Opiates
When looking at your charges, the type of substance, the amount, and the arrest circumstances determine the kind of felony. Even if you only possess the substance for “personal use,” you may face PWISD charges based on other items present at the time of the arrest.
You Still Have Rights
These are the drugs that can take you to prison quickly if you deal with them. However, a knowledgeable attorney can often work with the prosecutor to get charges reduced or thrown out depending on mitigating factors. Even if you are dealing drugs, you still have rights. Your rights as a citizen include the right to:
- Not give self-incriminating evidence against yourself.
- Be informed of the charges against you.
- Refuse to speak about what happened without an attorney present.
- The right to be free from searches and seizures (unless there is a warrant specifically for you or a warrant that allows law enforcement to search where you are.)
Heroin PWISD & Trafficking
If law enforcement charges you with a heroin PWISD, a charge you intend to sell or deliver heroin, the consequences are much worse than with possession charges. Perhaps you have more than 4 grams of heroin, or they see containers packaged for sale or an area where you could be preparing your sales. Or you have drug paraphernalia on you. These situations are indicative of your intent.
If you possess over 4 grams or up to 14 grams of heroin, you automatically face a PWISD trafficking charge with a Class F felony penalty. Trafficking heroin means that you possess enough heroin for drug dealing to look like your full-time gig. This much heroin could mean prison for up to 8 years along with a $50,000 fine. For more than 28 grams, your potential sentence is 23 years in prison and a hefty fine.
Marijuana PWISD & Trafficking
Classified as a schedule VI drug, possession of marijuana has less severe penalties. If you face a PWISD conviction for marijuana, it’s a class I felony, the lowest class of felony under North Carolina law.
You could spend up to 2 years in prison for a marijuana PWISD conviction, but there is also a possibility that you won’t serve any time. Much of what happens depends on your attorney and the prosecutor. They look at many factors when considering how to negotiate what your charges mean for you. Sometimes attorneys can help persuade prosecutors to reduce or drop charges, especially for first-time offenders. However, with a previous criminal history, you may face stricter felony consequences.
If convicted of marijuana PWISD, you can still get a criminal record. A criminal conviction can affect every area of your life, even if you do not spend time in prison. A criminal record can prevent you from obtaining a good job, an apartment, or government benefits, and wreak havoc on relationships in your life with neighbors or possible friends.
We Can Help
At Cape Fear Law, our criminal defense attorneys work diligently to minimize the effect drug charges have on your future while ensuring your rights are protected. We look at warrants, ensure that any evidence is valid, and protect you from giving your rights away by saying something incriminating. If law enforcement arrests you for manufacturing, trafficking, or selling an illegal substance, you must seek legal counsel as soon as possible to get the best defense.
Contact us today and find out how we can help you get through this and come out the other side stronger.