Drug Offenses

Simple Possession

35 P.S. 780-113(a)(16) defines possession of a controlled substance as:

Knowingly or intentionally possessing a controlled or counterfeit 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 otherwise authorized by the statute.

Penalties under 35 P.S. 780-113(a)(16) include:

1. Misdemeanor
2. First Offense- Maximum of 1 year in Jail and $5,000.00 fine
3. Second Offense- Maximum of 3 years in Jail and $25,000.00 fine

Manufacture, Delivering or Possession With Intent to Deliver Controlled Substances

35 P.S. 780-113(a)(30) defines manufacturing, delivering or possession with intent to distribute as:

The manufacture, delivery, or possession with the intent to manufacture or deliver a controlled substance by a person not registered or licensed by the appropriate State Board; or, creating, delivering, or possessing with intent to deliver a counterfeit controlled substance.

The penalties for the above crime depend on the specific drug or drugs in question. Most substances are categorized by the federal drug Schedule (I-V) classifications. All penalties, however, are graded as a felony.

The following breakdown describes the penalties you may face depending on the drug. It is important to talk with an attorney, however, to get a detailed explanation of the penalties you face as a number of other factors can play a part in its determination.

1. Schedule I or II drugs (for example, heroine) – up to 15 years in prison and up to a $250,000 fine.
2. Cocoa (Cocaine) and its derivatives, methamphetamines (Meth), phencyclidines (PCP), or Marijuana in excess of 1,000 pounds – up to 10 years in prison and up to a $100,000 fine.
3. Any other Schedule I, II or III drug not mentioned above – up to 5 years in prison and a up to a $15,000 fine.
4. Schedule IV drugs – up to 3 years in prison and up to a $10,000 fine.
5. Schedule V drugs – up to 1 year in prison and up to a $1,000 fine.

NOTE: Your penalty may be doubled or tripled if your charges involve distribution in a school zone, or distributing to a minor. Additionally, there are mandatory minimum sentences where the weight of the controlled substance involved exceeds a specified amount.

Marijuana Specifically

In Pennsylvania, possession of 30 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. The penalties for possession of greater than 30 grams increase to a possible one year in prison and a fine up to $5,000.

Drug Paraphernalia

In Pennsylvania, possession or sale of drug paraphernalia is punishable by up to one year in jail and a fine up to $2,500. Penalties double if the sale was to a minor.

What is a Motion to Suppress:

The Fourth Amendment to the U.S. Constitution protects its citizens from unlawful searches and
seizures from the government. You have a reasonable expectation of privacy in many places and things,
and the government cannot search or seize them without either reasonable suspicion and/or probable
cause.

If the government has obtained evidence against you in an illegal manner, then your attorney will file a
motion to suppress this evidence. At this hearing, your attorney will argue that the government (e.g. the
police) did not have lawful grounds to search a specific place or seize particular things. If you prevail in
the motion to suppress hearing, then the government will be prohibited from using any illegally
obtained evidence against you. Oftentimes, this means the government cannot successfully meet all the
elements of the crime you have been charged with. For example, if you were arrested and charged with
possession of marijuana, but, after a motion to suppress, the judge finds the police violated your Fourth
Amendment right while confiscating it, then the government will not be able to use the marijuana in
their case against you. Without meeting this essential element of the crime, the government cannot
prove its case.

By no means is a motion to suppress a simple issue. Oftentimes, your attorney will have to develop
sound arguments both in fact and in law in order to build a good motion. Thus, it is important you hire
an attorney who has the necessary skills and experience.