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Drug charges are some of the most common criminal offenses in Pennsylvania. Even though drug arrests are common, they carry heavy criminal penalties, even for simple possession. Drug crimes can be charged as a felony or misdemeanor, depending on the type of drug, amount, and the defendant’s criminal record. Before pleading guilty to a drug charge, make sure you understand your rights and contact a knowledgeable Montgomery County drug lawyer who can defend you at every turn.
Don’t make the mistake of facing a drug charge on your own–retain the services of a seasoned Pottstown criminal defense lawyer who can fight for your freedom. Whether you’re accused of violating medical marijuana laws or are charged with intent to distribute a controlled substance, our legal team is on your side.
Drug possession charges involve possession of a controlled substance, including street drugs or prescription drugs without a valid prescription, intended for personal use. Simple drug possession is a misdemeanor crime, and a conviction could result in up to a year in prison and a fine of up to $5,000. A conviction for drug possession could also mean a loss of your driver’s license for 6 months.
A second or subsequent conviction for drug possession may result in additional penalties, including a long prison sentence, higher fines, and loss of your driver’s license.
Marijuana Possession
Pennsylvania legalized medical marijuana under Act 16 of 2016, and licensed dispensaries have served registered patients since 2018. Recreational possession and use remains a crime, and marijuana is still considered a Schedule I drug under federal law.
Possession of 30 grams or less of marijuana is a misdemeanor, which carries the possible penalties of 30 days in jail and a fine of up to $500. Possession of more than 30 grams of marijuana can result in up to a year in jail and a fine of up to $5,000. However, in most cases, simple possession will not result in jail time for a first-time offender.
Possession of drugs over a certain quantity may be charged as possession with intent to deliver (PWID). Even if you really had the drugs for personal use, a prosecutor may charge you with intent to deliver or distribute if the quantity is large enough. Other signs of intent to deliver include carrying multiple packages of drugs, packaging material, scales, or large amounts of cash.
Possession with intent to deliver is a felony in Pennsylvania. The penalties for PWID depend on the amount of drugs, the type of substance, and the defendant’s criminal record. Don’t face this charge without a competent drug lawyer in your corner.
Marijuana
Possession with intent to deliver marijuana of 30 grams or more could result in a year in prison and a fine of up to $5,000. The penalties increase as the amount of marijuana increases. Under the former mandatory-minimum thresholds in 18 Pa.C.S. § 7508, possession of 50 pounds of marijuana or more was tied to a 5-year term and a fine of up to $50,000; those minimums were struck down as unconstitutional in Commonwealth v. DiMatteo (2018), but drug weight still heavily influences the sentence.
Cocaine
Possession with intent to deliver less than 2 grams of cocaine could result in a year in prison and a fine of up to $5,000. Under those same former § 7508 thresholds, 2 to 10 grams of cocaine was tied to a 2-year term, 10 to 100 grams to a 3-year term, and more than 100 grams to a 4-year term.
Methamphetamine
For methamphetamine, the former thresholds tied 5 to less than 10 grams to a 3-year term, 10 to less than 100 grams to a 4-year term, and more than 100 grams to a 5-year term.
Heroin
For heroin, the former thresholds tied 1 to 5 grams to a 2-year term, more than 5 grams to less than 50 grams to a 3-year term, and more than 50 grams to a 5-year term.
The possession or sale of drug paraphernalia is a misdemeanor offense in Pennsylvania. The penalties for a conviction of possession of drug paraphernalia could result in up to a year in prison and a fine of up to $2,500. Paraphernalia could include a glass pipe, bong, injecting kit, roach clips, or even spoons.
A conviction for drug crimes can carry serious penalties that may affect your future even after serving your sentence. Before you plead guilty to a drug charge, make sure you understand your options and your rights. Our firm is devoted to representing the people of Pennsylvania, including in East Norriton, Norristown, Allentown, Lancaster, Bensalem, Easton, Levittown, Bethlehem, Erie, Mechanicsburg, Chester, Harrisburg, and more. Contact a dedicated drug lawyer from Cohen & Patel today for a consultation.
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