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Pennsylvania Drug Offenses

Pennsylvania Drug Offenses

Being charged with a Drug offense in Pennsylvania is very serious, scary, and costly. Depending on your situation, number of past offenses, and the facts of your case, a drug offender could be facing; time in prison, significant fines, probation, loss of your driver’s license, loss of student financial aid, limited future job prospects due to a permanent criminal record, loan application denial, and loss of federal benefits.

Whether you have been charged with a felony or misdemeanor involving the use, possession, distribution, or intention to distribute illegal substances or the possession of drug paraphernalia, there are options to alleviate the burdens of a drug offense. Depending on the facts of your situation, you may be eligible for a pretrial diversionary program (ARD), rehabilitative probation programs, drug court, the dropping of charges, an acquittal, or eventual expungement of your criminal record. There are many variations of options and outcomes when dealing with a drug offense. All depend on the facts of your case. At Banks Law, we fully understand the legal problems facing our clients and the options available for a positive outcome.

 

Possession of a Small Amount of Marijuana

 

Under the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. 780-113 (a)(31), a person is guilty of Possession of a Small Amount of Marijuana if the individual; possesses a small amount of marijuana only for personal use; the possession of a small amount of marijuana with the intent to distribute it but not sell it; or the distribution of a small amount of marijuana but not for sale.

 

 

Small Amount Defined

Thirty grams (30) or less of marijuana and eight (8) grams or less of hashish are considered a small amount.

 

 

Possession of a Small Amount of Marijuana Offense – Statutory Penalties

 

Maximum Jail Sentence – 30 Days in Jail

 

Maximum Fine – $500

 

 

Possession of Drug Paraphernalia

 

Under the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. 780-113 (a)(32), a person is guilty of Possession of Drug Paraphernalia if the use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this act.

 

 

Possession of Drug Paraphernalia Offense – Statutory Penalties

 

Maximum Jail Sentence – 1 Year in Jail

 

Maximum Fine – $2,500

 

 

Simple Possession

 

Under the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. 780-113 (a)(16), a person is guilty of Simple Possession if the individual knowingly or intentionally possessing a controlled or counterfit substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner, or except as authorized by this act.

 

 

First Simple Possession Offense – Statutory Penalties

Maximum Jail Sentence – 12 Months

Maximum Fine- $5,000

 

Second Simple Possession Offense – Statutory Penalties

Maximum Jail Sentence – 36 Months  

Maximum Fine – $25,000  

 

 

Possession with Intent to Deliver (PWID)

 

Under the Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. 780-113 (a)(30), a person is guilty of Possession with Intent to Deliver if the manufacture, delivery, or possession with intent to manufacture, deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.

 

Penalties for Possession with Intent to Deliver (PWID)

 

The penalty for PWID in Pennsylvania is based on the type of drug (Schedule I, II, III, IV, and V), the amount or weight possessed, aggravators (weapon enhancement and school zone enhancement), prior offenses, offense gravity score, and statutory mandatory minimums.

 

 

Mandatory Minimums

 

Mandatory minimums mean that there is a statutory floor or a set time frame that the sentencing judge cannot go below. If you are found guilty of:

 

Mandatory Minimum for Possession with Intent to Deliver – Marijuana

2-10 pounds – 1 year

10-50 pounds – 3 years

50+ pounds – 5 years

 

Mandatory Minimum for Possession with Intent to Deliver – Cocaine

2-10 grams – 1 year

10-100 grams – 3 years

100+ grams – 5 years

 

Mandatory Minimum for Possession with Intent to Deliver – Heroin

1-5 grams – 2 years

5-50 grams – 3 years

50+ grams – 5 years

 

 

Weapon Enhancement

5 year mandatory minimum

 

School Zone

2 year mandatory minimum

 

 

Banks Law Group represents individuals charged with Possession of a Small Amount of Marijuana, Possession of Drug Paraphernalia, Simple Possession, Possession with Intent to Deliver (PWID), Drug Offense in Gettysburg PA, Reading PA, Doylestown PA, West Chester PA, Bloomsburg PA, Carlisle PA, Harrisburg PA, Media PA, Mifflintown PA, Lancaster PA, Lebanon PA, Allentown PA, Wilkes-Barre PA, Williamsport PA, Stroudsburg PA, Norristown PA, Danville PA, Easton PA, Sunbury PA, Pottsville PA, Middleburg PA, Laporte PA, Lewisburg PA, York PA.

 

If you are facing Possession of a Small Amount of Marijuana, Possession of Drug Paraphernalia, Simple Possession, Possession with Intent to Deliver (PWID), Drug Offense and are in need of an experienced Drug defense attorney or Drug defense law firm, please do not hesitate to contact us Banks Law Group at 844-815-9632 and speak with one of our trusted Drug lawyers.