Being charged with possession with intent to distribute (PWID) in Maryland is far more serious than a simple possession charge. The difference often comes down to how prosecutors prove intent—and that proof doesn’t always require catching you in the act of a drug sale.
At Hartman Attorneys at Law, we defend clients in Annapolis, Glen Burnie, and throughout Anne Arundel County who are accused of PWID involving marijuana, cocaine, heroin, fentanyl, prescription pills, and other controlled substances. Led by former prosecutor Christian Hartman, our firm knows the tactics the state uses to build these cases—and the strategies that can dismantle them.
Maryland’s PWID Law
Under Maryland Criminal Law § 5-602, it is illegal to possess a controlled dangerous substance in sufficient quantity and under circumstances indicating intent to distribute.
This means that prosecutors don’t have to prove an actual sale—only that you planned or intended to sell, share, or otherwise distribute the drugs.
Common Factors Prosecutors Use to Prove Intent
Because intent is a state of mind, prosecutors rely on circumstantial evidence rather than direct proof. Here are the most common factors they cite:
Quantity of Drugs
A large amount of drugs—especially more than typical personal-use quantities—can suggest distribution. For example:
- Dozens of pills
- Multiple ounces of marijuana
- Several grams of heroin or cocaine
Even if you claim it was for personal use, the sheer volume may trigger a PWID charge.
Packaging Materials
Prosecutors often point to:
- Individually wrapped baggies
- Gel caps
- Vacuum-sealed packs
- Small vials or envelopes
The argument is that such packaging is consistent with sale preparation, not personal consumption.
Large Amounts of Cash
If officers find significant sums of small-denomination bills, they may argue it’s consistent with street-level drug transactions.
Digital Communications
Text messages, call logs, or social media chats that reference prices, quantities, or meeting places can be introduced as evidence of intent.
Surveillance or Confidential Informants
Prosecutors may use:
- Undercover buys
- Recorded conversations
- Observation of “hand-to-hand” exchanges
Even without a direct sale caught on video, these accounts can sway a jury.
Statements to Police
Anything you say during or after arrest—especially without an attorney present—can be twisted into evidence of intent. That’s why we always advise: say nothing and call a lawyer immediately.
Why Intent Is Often Debatable
While prosecutors may claim the evidence is “clear,” intent is often subject to interpretation. Large quantities could be for personal stockpiling, packaging could be for organization, and cash could be from legitimate work.
This is where an experienced defense attorney can shift the narrative.
Defense Strategies for PWID Charges
At Hartman Attorneys at Law, we challenge PWID charges by attacking the intent element and the underlying evidence. Common strategies include:
- Challenging the Search and Seizure: If the stop or search violated your rights, the evidence may be suppressed.
- Disputing Quantity and Purpose: Using expert testimony to show the drugs could be for personal use.
- Attacking Informant Credibility: Questioning the reliability and motives of confidential informants.
- Suppressing Statements: Excluding self-incriminating statements obtained without proper Miranda warnings.
- Negotiating for Reduced Charges: In some cases, we can push for simple possession charges instead of PWID.
Why Choose Hartman Attorneys at Law?
With Attorney Christian Hartman’s background as a former prosecutor, we know:
- How police gather and interpret evidence
- The weaknesses prosecutors hope you won’t see
- How to challenge each assumption about your intent
We offer:
- Direct access to your attorney
- 24/7 availability for urgent situations
- Aggressive defense in both the courtroom and negotiations
Accused of PWID in Annapolis or Anne Arundel County? Call Us Today.
Intent to distribute charges can carry decades in prison and a permanent felony record—even without proof of a single sale. If you’re under investigation or have been arrested, the time to act is right now.
Contact Hartman Attorneys at Law to schedule a free and confidential consultation. We’ll review your case, explain your options, and fight for your freedom.