What Are The Common Drug Offenses That You Handle?
Simple possession of an illegal drug is one of the most common drug offenses that we handle. This offense does not usually include prescription medication unless a person is abusing another person’s prescription. Possession with intent to distribute or to deliver is also a common drug offense, and often involves large quantities of drugs. People who commit these offenses are commonly considered to be drug dealers or drug traffickers.
How Are Drug Charges Determined To Be Either Misdemeanors Or Felonies?
A drug charge will be considered either a misdemeanor or a felony based on the amount of the drug that a person possessed, as well as the circumstances under which the drugs were found. Possession of less than 30 grams of marijuana would be considered to be for personal use and would result in a misdemeanor. Possession of more than 30 grams of marijuana could result in a felony charge. However, it would depend on how the drug was packaged and the circumstances in which the person was found to be in possession of the drugs. Possession of any amount of heroin or cocaine would result in a felony charge.
What Is An Unlawful Controlled Substance?
An unlawful controlled substance is anything that’s on the schedule of controlled substances, which is published in the Pennsylvania statute. There are five schedules of drugs in Pennsylvania. Schedule I drugs are considered the most likely to be abused and include heavy narcotics, opioids, heroin and cocaine. The basic criteria for each drug on the schedules are the potential for abuse and how often they are abused. There are some legal prescription drugs that are included on the list of schedules, which means that if a person were to be found in possession of a prescription medication that did not belong to them, then they would be liable for possession for whatever schedule that drug may be.
What Is Drug Trafficking?
In Pennsylvania, drug trafficking is one of the most common felonies. It is considered to be a felony even on a first-time offense. There are factors that determine the severity of the charges, including the type of drug, the amount of drug and the circumstances in which they were found. If a person is found to be in possession of a kilogram of cocaine, for example, then it would be presumed that they intended to deliver it, regardless of any other circumstances of the case. There is usually some kind of indicia that a person intends to distribute, such as the way a drug is packaged. If a person is found with several individually-packaged bags of marijuana, then it would be obvious that they intended to sell it.
In Pennsylvania, there is a minimum mandatory sentence for certain drug charges. For example, if there is a presumption that someone had the intent to deliver drugs within one-thousand feet of a school or playground, then there would be a minimum mandatory sentence enhancement. So, there are some very severe consequences for drug trafficking in Pennsylvania, but whether or not those consequences would apply depends on the amount of the drug found and the circumstances in which they were found.
For more information on Drug Offenses In Pennsylvania, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (484) 854-3371 today.
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