When is the Mens Rea for PWITS applied?

• A. It is not used in PWITS cases
• B. It is used only for possession with no intent
• C. It is applied when a person is found in possession of a controlled drug with intent to supply
• D. It is applied to all offences regardless of intent

Answer: (C)

The key idea is that PWITS requires a mental state: the intent to supply. This mens rea is part of the offence only when someone is found in possession of a controlled drug with the purpose of supplying it to others. In practice, prosecutors look for signs that the holder intends to deal—such as a large quantity, packaging ready for sale, dealing paraphernalia, or cash—which together point to an intention to supply rather than to use personally. If the possession is for personal use, there’s no intent to supply, so PWITS wouldn’t apply.

So the correct understanding is that the mens rea for PWITS is invoked in cases where there is possession of a controlled drug coupled with an intention to supply. The other options don’t fit because they either deny the required mental element, misstate when intent is considered, or overstate its applicability to all offences.