Can I Be Charged With Drug Trafficking Even if I Don’t Have a Large Quantity of Drugs?

Yes. You don’t need to have a large quantity of drugs to face a serious distribution charge in Pennsylvania. Pennsylvania doesn’t have a single offense simply called “drug trafficking.” If prosecutors believe you possessed drugs with the intent to sell or give them to someone else, they can charge you with possession with intent to deliver (PWID), even when the amount is small. 

Any drug charge calls for immediate legal attention, especially when prosecutors are alleging more than possession. Drawing on our experience defending drug charges in Lehigh County, Crouthamel Law Offices wants you to understand why a smaller amount can still lead to a PWID charge and what prosecutors look at when deciding whether drugs were intended for personal use or delivery.

Why Drug Amount Isn’t the Only Factor

The amount of drugs is only one factor prosecutors consider when pursuing PWID. They can also look at: 

• How the drugs were packaged

• Scales, baggies, or other items associated with distribution

• Cash found with the drugs

• The person’s behavior and statements

• Whether items associated with personal drug use were present

• Expert testimony about whether the evidence is more consistent with distribution or personal use

A larger quantity can support an inference that drugs were intended for delivery, while a smaller quantity can point toward personal use. But a small amount doesn’t end the inquiry. If other evidence supports an intent to deliver, prosecutors can still pursue a PWID charge under § 780-113(a)(30).

How Can You Fight a PWID Charge Based on a Small Amount?

A defense to PWID can focus on whether the Commonwealth can actually prove intent to deliver. When only a small amount of drugs was found, a defense attorney can examine whether the other evidence supports distribution or is more consistent with personal possession.

The prosecution also has to prove that the drugs were in your possession. If they were found in a shared home, vehicle, or other location, simply being near them isn’t enough to establish possession. The Commonwealth must show that you had the power and intent to control the drugs.

An attorney can also review how police obtained the drugs and other evidence. If the search or seizure was unlawful, there may be grounds to ask the court to suppress evidence obtained as a result.

Charged in Lehigh County?

A PWID charge can feel hard to understand when the amount of drugs found doesn’t seem to match what you’re being accused of. You deserve to know why prosecutors believe the evidence points to delivery and what that means for your case.

Crouthamel Law Offices can help you get those answers. Call 610-428-3386 or contact us to discuss your charge with our Lehigh County criminal defense team.