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Pottstown Drug Charges

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.

Drug Possession

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 find 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 longer prison sentence, higher fines, and loss of your driver's license.

Marijuana Possession

The Commonwealth of Pennsylvania has joined the majority of other states with plans to legalize medical marijuana; however, the law is not yet operational. Recreational possession and use is still 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 with Intent to Deliver

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 the drugs, the type of substance, and the defendant's criminal record.

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. Possession of 50 pounds of marijuana or more carries a minimum penalty of 5 years in prison and a find of up to $50,000.

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. Possession of 2 grams to 10 grams of cocaine carries a minimum penalty of 2 years in prison. Possession of 10 grams to 100 grams of cocaine carries a minimum penalty of 3 years in prison. Possession of more than 100 grams of cocaine carries a minimum penalty of 4 years in prison.

Methamphetamine

Possession with intent to deliver 5 grams to less than 10 grams of methamphetamines has a minimum sentence of 3 years in prison. Possession of 10 grams to less than 100 grams of meth carries a minimum penalty of 4 years in prison. Possession of more than 100 grams of methamphetamines carries a minimum jail sentence of 5 years.

Heroin

Possession with intent to deliver 1 gram to 5 grams of heroin has a minimum sentence of 2 years in prison. Possession of more than 5 grams to less than 50 grams of meth carries a minimum penalty of 3 years in prison. Possession of more than 50 grams of heroin carries a minimum jail sentence of 5 years.

Drug Paraphernalia

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,

Contact Us

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. Criminal defense attorney David J. Cohen is devoted to representing the people of Pottstown, Pennsylvania, and surrounding areas. Contact the David J. Cohen Law Firm, LLC today for a consultation.

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