Possession With Intent to Distribute (PWID) in South Carolina

Understanding PWID Charges & Penalties in SC

Being charged with Possession With Intent to Distribute (PWID) in South Carolina can feel overwhelming. These charges are more serious than simple possession and can come with mandatory minimum prison sentences, especially if there is a prior offense.

But here’s what many people don’t realize:

• A PWID charge does not automatically mean the State can prove you intended to distribute drugs.
• Many PWID cases are built on weight thresholds and circumstantial evidence, such as the presence of a scale or bags.
• The State must prove both possession and intent, and both can be challenged.

This page explains what PWID means in South Carolina, how it differs from simple possession, the penalties you may face, and how it connects directly with the concepts of actual vs. constructive possession.

What Is Possession With Intent to Distribute (PWID)?

In South Carolina, PWID means the State is accusing you of:

1. Possessing drugs, and
2. Intending to distribute, sell, or deliver them

The State can try to prove these elements through direct evidence, but more often, prosecutors rely on weight and circumstantial indicators, many of which can be challenged by a defense attorney.

PWID vs. Simple Possession in South Carolina

The main difference between PWID and simple possession is the alleged intent.

Threshold Weights and Automatic PWID Charges

Most PWID charges start because the drug amount is higher than the “threshold weight” under South Carolina law. For example:

• More than 1 gram of cocaine, or
• More than 1 ounce of marijuana

…will often be charged as PWID automatically.

But weight alone does not prove intent.

How Prosecutors Try to Show Intent

Prosecutors may point to:

• Baggies
• Digital scales
• Large amounts of cash
• Packaging style
• Statements at the scene
• Text messages or recorded conversations
• “Observed drug activity” or police assumptions

These factors are not conclusive, and your defense attorney can discuss any challenges with the evidence.

Possession Is a Lesser-Included Offense of PWID

PWID includes the element of possession, so simple possession is always a lesser-included offense.

This means:

• A prosecutor may agree to reduce PWID to simple possession in a plea
• A jury can find you guilty of simple possession instead of PWID
• If the State fails to prove intent, they cannot prove PWID

This distinction is often critical in negotiations and at trial.

Penalties for PWID in South Carolina

Penalties depend on the drug type and whether it’s your first, second, or third offense.

Some PWID charges have mandatory minimum prison sentences, meaning the judge must impose at least a certain amount of time.

PWID – Marijuana

• First offense: Up to 5 years
• Second offense: Up to 10 years
• Third offense: Mandatory minimum 5 years, up to 20 years

PWID – Cocaine, Crack Cocaine, or Heroin

• First offense: Up to 15 years
• Second offense: Mandatory minimum 5 years, up to 30 years
• Third offense: Mandatory minimum 10 years, up to 30 years

Even a first conviction can result in years of prison time, significant fines, probation, and long-term consequences for employment, licensing, and housing.

How We Defend PWID Charges

Every PWID case requires a detailed analysis of:

1. The legality of the stop, search, or seizure

Illegal searches can lead to suppression of the drugs.

2. Whether the State can prove actual or constructive possession

(Reference your possession page here)

3. Whether there is real evidence of intent to distribute

Circumstantial evidence can fall apart.

4. Drug weight and crime lab issues

Weight testing errors and chain-of-custody mistakes can happen.

5. Constitutional violations

Rights violations can lead to dismissed charges.

Attorneys Lacey Thompson and Laura Hiller focus exclusively on criminal defense and handle drug cases daily in Myrtle Beach, Columbia, and Lexington.

Frequently Asked Questions About PWID in South Carolina

Charged With PWID in South Carolina? We Can Help.

A PWID charge does not mean a PWID conviction.

Thompson & Hiller Defense Firm defends clients accused of:

• PWID marijuana
• PWID cocaine or crack cocaine
• PWID heroin
• Prescription drug distribution
• Distribution
• Manufacturing
• Trafficking