If you or someone you care about has been charged with possession with intent to distribute in Louisiana, I know how frightening that moment can be. When a police officer or detective uses the words “intent to distribute,” everything suddenly feels ten times more serious. And the truth is, it is serious. PWIT carries harsher penalties than simple possession, and the state works hard to build these cases.
But the good news is this. A possession with intent to distribute charge is not a conviction. There are defenses. There are weaknesses we can expose. There are legal strategies that may help protect your freedom and your future. My job here today is to make this entire concept understandable so you know exactly what you are facing and what steps you should take right now.
If you want to talk through your situation with me or another attorney on our team, you can call for a free consultation at 504-434-7000. You can also look at our Drug Crimes page for more details on how these cases work.
Let’s walk through what possession with intent to distribute really means in Louisiana and what you need to do if you have been charged.
What Is Possession With Intent To Distribute
Possession with intent to distribute means law enforcement believes you were not just using drugs personally, but that you intended to sell or distribute them to other people. That intent is what separates a simple possession charge from PWIT. And that distinction matters, because the penalties jump significantly when the state believes you were planning to distribute.
A lot of people think PWIT is only for large amounts of drugs. Not true. You can be charged with PWIT even if the amount is small. I have seen PWIT charges from a few grams of marijuana, cocaine, or pills. The amount alone is not the deciding factor.
Instead, police look at the total situation. They look at anything that points to drug sales. So let’s get into the factors they consider.
How Police and Prosecutors Decide If You Intended To Distribute
Louisiana law allows police to use a wide range of clues to claim you intended to sell drugs. You do not have to be caught in the middle of a sale. You do not have to be holding a large quantity. The state looks at the total picture. Here are the most common things they rely on.
1. Quantity of the drugs
Bigger amounts are easier for the state to use against you, but even small amounts can be used if other evidence is present.
2. Packaging materials
If police find items like:
- Baggies
- Scales
- Heat sealers
- Rolling materials
- Small containers
they will say those items prove distribution.
3. Cash on you
Large sums of cash, especially in small bills like ones, fives, and tens, make law enforcement assume drug sales.
4. Text messages and phone data
This is a big one. Police search phones all the time. They look for:
- Texts that look like drug deals
- Contacts saved under suspicious names
- Notes or lists
- Cash App or Venmo histories
5. Actual observed sale
Even with a very small amount of drugs, if an officer claims they saw you hand something off or take money, they may charge PWIT.
Louisiana Example
Let’s say you are stopped with a small bag of marijuana. Not a huge amount. But with that, you also have:
- A scale
- A roll of plastic bags
- Some cash
Even if you swear this was for personal use, the state may still charge PWIT. They will argue the scale and baggies show intent to sell.
That is how broad this law is.
If your charge also includes a gun, take a look at our Gun Crimes page, because firearms can increase the severity of the situation.
Enhanced Penalties for PWIT Near Schools, Churches, and Parks
Louisiana has “drug free zones,” and prosecutors take them seriously. If the state claims you possessed or distributed drugs within 2,000 feet of places like:
- Schools
- Daycares
- Parks
- Churches
- Public housing areas
your penalties can go up dramatically. This applies whether school was open or not. It applies even if you did not realize you were in a drug free zone.
This is something we aggressively challenge. Many of these measurements are wrong, outdated, or based on poor mapping.
Defenses Against Possession With Intent To Distribute in Louisiana
The good news is that PWIT charges can be challenged. We do it every day. Nothing about these cases is automatic, and the state still has to prove intent. Here are the biggest defenses we use in these cases.
1. Illegal Search and Seizure
If the police searched:
- Your car
- Your home
- Your pockets
- Your phone
without the proper warrant, probable cause, or legal justification, we can fight to get the evidence thrown out.
And if the state loses the drugs as evidence, they often lose the case.
Let me give you an example. Say police stop your car. They pull you out, search you, and search the trunk without consent and without a warrant. If we can show the search was unlawful, the drugs, cash, phone data, and any other evidence found during that search may be excluded. Without the drugs, the state usually has no case.
2. Lack of knowledge
Knowledge is critical. If you did not know the drugs were present, you cannot have intended to distribute them.
For example, you borrow a friend’s car. You are heading to the grocery store. You get pulled over and police find a large amount of cocaine in the trunk. If you had no idea the drugs were there, that is a defense.
3. Mistaken identity or shared space issues
This comes up in cars all the time. Police stop a car with multiple passengers. They find drugs in a spot that everyone could reach. What do they do? They arrest everyone. Even if only one person actually owned the drugs.
If the drugs were:
- Under a seat
- In a shared bag
- In a glove compartment
- In a center console
that can be unclear ownership. That is something we use to argue the drugs did not belong to you.
4. No actual intent to distribute
The state has to prove intent. Just having drugs and cash nearby is not always enough. Many times the police assumptions are wrong or exaggerated. We challenge the state’s interpretation of the evidence and show there is no real proof of distribution.
5. Problems with electronic evidence
If police pull texts out of your phone, we check:
- How they got into the phone
- Whether the phone belonged to you
- Whether the texts have context
- Whether the logs are reliable
Phone evidence is not always as solid as police claim.
If you need to learn more about how we handle criminal cases overall, visit our New Orleans Criminal Defense Attorney page.
What You Should Do Right Away If You Are Charged With PWIT
Here are the steps you need to take as soon as possible.
1. Do not talk to police
Anything you say will be used against you. Tell them politely:
“I want to speak to my attorney before answering questions.”
2. Contact a defense attorney immediately
PWIT charges move fast. The sooner we can start working on the case, the more options we have to protect you.
3. Do not discuss your case on social media
Prosecutors search social media. Do not give them anything to use against you.
4. Save any documents, receipts, or messages
These can help build your defense.
If your case is happening in Orleans Parish or Jefferson Parish, check our pages to understand local court processes:
- Orleans Parish
- Jefferson Parish
Why Choosing the Right Lawyer Matters
PWIT charges can lead to:
- Long jail sentences
- Felony convictions
- Heavy fines
- Probation complications
- Long term employment issues
You should not face this alone. At Phillips Law, we have defended hundreds of clients facing PWIT and other drug crimes. We know how to challenge these cases, how to expose weaknesses, and how to fight to protect your future.
You can call us at 504-434-7000 for a free consultation.
Conclusion: A PWIT Charge Is Serious, but Defenses Do Exist
Possession with intent to distribute in Louisiana is a serious felony, but the state still has to prove its case. Whether the issue is the search, the ownership of the drugs, or the claim that you intended to sell, we know how to break down these cases piece by piece.
If you or a loved one has been charged with PWIT, call 504-434-7000 today. We will review your case, explain your options clearly, and help you take the next steps to protect your future.
Legal Disclaimer
This blog post is for informational purposes only and does not constitute legal advice. Every case is unique and outcomes depend on specific facts and circumstances. Past results do not guarantee or predict future outcomes. If you are facing criminal charges, have been injured, or need legal assistance, contact Phillips Law at 504-434-7000 for a free consultation to discuss your specific situation. Reading this blog does not create an attorney client relationship.
