What Drugs Are Legal in Pa
Under Pennsylvania`s drug possession laws, a person can be charged with a number of drug possession offenses in Pennsylvania if they are in possession of drugs, drug paraphernalia, or other illegal substances classified in one of the AP`s drug lists. Under Pennsylvania`s drug possession laws, each offense is charged separately, classified differently, has unique penalties, and requires separate facts/elements to be proven by the prosecutor`s office. PWID`s charges mean that the officers who made the arrest were suspected that the accused was selling, manufacturing, transporting, growing or distributing illegal narcotics or illegal controlled substances for other personal use. Each case is unique and there are many angles for which a very good lawyer can try to fight to defend your rights. People make many mistakes, including arresting officers, and if any of their tactics were illegal or inappropriate, a motion for repression can be filed to dismiss the charges. Unique issues – The main difference between a charge of possession of drugs and a charge of possession with intent to deliver is whether the controlled substance is intended for personal use or distribution. This determination is usually based on the physical weight of the drugs involved, whether the drugs were packaged and whether a large amount of money was found on the drugs, as well as other additional factors. 1. Unlawful stop, detention or search – proof of possession of drugs and/or paraphernalia can only be used against a person if the police have legally discovered the evidence. If the police unlawfully arrest, search or arrest a person, any evidence discovered during this period may be suppressed as a violation of the suspect`s constitutional rights. For example, if a person`s home is searched by the police without an appropriate warrant (outside of urgent circumstances, such as when people are in imminent danger, evidence may be destroyed, or a suspect may escape), an experienced lawyer could argue that the person`s protection from improper search and seizure has been violated and that any evidence of possession of drugs or paraphernalia is removed. To have to. In Pennsylvania, drugs are divided into schedules based on risk or levels of addiction.
Penalties for illicit drugs may depend on the time they fall. For example, heroin and marijuana are both List I drugs in Pennsylvania because they do not have an approved medical use. has. Actual possession – When drugs and/or paraphernalia are found directly on a person, most likely in a bag or purse. Assuming the search was lawful, it is difficult to argue that it was not in its actual possession, but if it is charged with possession of a controlled substance, it is required that the person possess “knowingly or intentionally” the controlled substance. Depending on the facts of the case, a lawyer may argue that he did not know that the drugs were in his possession or that it was not intentional. Below are guidelines on minimum sentences for PWID drugs in Pennsylvania and in U.S. federal courts. Fines and convictions increase if it is another illegal activity, if the drugs were sold in a school zone or if there are several crimes. Depending on several factors, including the amount of drugs, you can be charged by both Pennsylvania prosecutors and federal prosecutors. b. Constructive possession – If drugs and/or paraphernalia are not found directly on a person, but are found nearby, such as.
B a glove box or bedroom drawer, the prosecution must prove three elements to prove “constructive” possession: the person must be aware of the presence and illegality of the controlled substances, the object was in fact a controlled substance, and the person who intended to take control of the drug or paraphernalia and was able to take control of it. Mere presence in a house or place where the drug is hidden is never enough on its own to prove constructive possession, and every element must be proven beyond any doubt. In addition to drug possession, you may also be charged with possession of drug paraphernalia. This offence is punishable by a fine of up to $2,500 and imprisonment for up to one year. This charge is usually laid in addition to a drug possession charge. Unique issues – Drug possession charges in Pennsylvania generally apply when a person is transporting marijuana, cocaine, methamphetamine or other illegal narcotics; However, proprietary claims are possible for some legally available drugs (i.e., prescription drugs) if they are possessed without an appropriate prescription. The following information will give you an overview of the possibilities for different types of drug convictions. Please note that if you have been arrested for possession of drugs or possession of drugs with the intent of delivery, you should contact an experienced drug lawyer. Each case is unique and the following information covers only general information. Penalties for drug convictions are varied and many are based on the quantity and type of drugs or controlled substances, as well as a previous criminal record.
Other important determining factors are whether the drugs were distributed to a minor or in a school zone, or whether the possession of a weapon was also related to the alleged drug offence. In addition to criminal conviction, there are other sanctions, such as . B a suspension of the driving licence. If you have been charged with possession or drug-related offences, it is important to contact a drug possession lawyer immediately. The authorities will immediately start setting up proceedings against you, and you want someone on your side to protect your constitutional rights. A lawyer can make sure that no one uses illegal methods to find evidence against you and can challenge weak or illegally obtained evidence. If you`ve been arrested or think you might soon be charged with PWID drugs, you should contact a Pittsburgh addiction attorney as soon as possible to discuss your case — our initial consultations are free. 3. Lack of possession – To be convicted of any of the above possession charges, there must be proof that a person possessed the drugs or paraphernalia.
Without establishing possession beyond any doubt, there can be no conviction for possession. There are two types of possession to defend against: Pennsylvania`s penalties for simple possession of drugs and possession with intent to provide (also known as drug trafficking and including drug manufacturing) are among the harshest in the country. They are very strict and most involve long prison sentences. Lawyer Ketchel has successfully defended cases of possession of drug paraphernalia, possession and distribution of marijuana, and possession of controlled substances such as cocaine, heroin, OxyContin, methamphetamine, ecstasy and non-prescription drugs. The manufacture, supply or possession with the intention of supplying controlled substances (IPRs) is also known as drug trafficking. It includes the handling, cultivation, transportation and manufacture of drugs, as well as the purchase of drugs through fraud or misrepresentation. Possession of certain types of drugs is classified as a crime in Pennsylvania. Possession of cocaine, methamphetamine, PCP, isomers and more than 1,000 pounds of marijuana can lead to criminal charges. If you are charged with possession with intent to deliver, you can also face fines of up to $250,000 and up to 25 years in jail.
In some cases, the fines are even higher if the defendant made more than $250,000 in profits from illegal drug-related activities. In these cases, the fines are increased to cover all profits. Penalties – Penalties for people with disabilities under Pennsylvania`s drug possession laws vary widely depending on the drug or drugs in question, as well as a person`s criminal record and the facts of each case. Penalties can range from misdemeanor charges with a maximum jail term of 1 year to offenses of up to 15 years in prison to a fine of $250,000 or both. Learn more about penalties for PWID under Pennsylvania`s drug possession laws. .