Common Drug Crimes and Their Legal Penalties in Philadelphia
Drug-related offenses are some of the most common criminal charges in Philadelphia and across Pennsylvania. These can range from minor possession of a substance to serious crimes like drug trafficking or manufacturing. If you or someone you know is facing a drug charge, it’s essential to understand the law and what’s at stake. Let’s break down the most common drug crimes and their penalties in plain terms.
Drug Possession
What It Means: Drug possession simply means having illegal drugs without a valid prescription or legal reason. Common substances include marijuana, cocaine, heroin, meth, and prescription medications like oxycodone or Xanax.
What Happens If You’re Caught: The penalties depend on the type of drug and how much you have:
- Marijuana: If you’re caught with 30 grams or less, it’s a misdemeanor. You could face up to 30 days in jail and a $500 fine. If you carry over 30 grams, the penalties increase to a year in prison and a $5,000 fine.
- Other Drugs: Possessing small amounts of harder drugs like heroin or cocaine is also a misdemeanor, with penalties of up to a year in jail and a $5,000 fine.
- Repeat Offenses: If you’ve been caught before, the penalties can worsen, with longer jail time and higher fines.
Possession with Intent to Distribute (PWID)
What It Means: If you’re found with a large amount of drugs or things like baggies, scales, or lots of cash, the police might assume you’re planning to sell. That’s possession with intent to distribute (PWID).
What Happens If You’re Caught: The penalties for PWID are much harsher than simple possession:
- Marijuana: Selling less than 1,000 pounds can get you up to three years in prison and a $25,000 fine.
- Cocaine or Heroin: Selling larger amounts of these drugs can lead to mandatory minimum sentences of up to 10 years and fines over $100,000.
Drug Paraphernalia
What It Means: This involves having items used for making, using, or distributing drugs. Think pipes, syringes, or baggies.
What Happens If You’re Caught: Possessing or selling paraphernalia is a misdemeanor. You could face up to a year in jail and a $2,500 fine. If you’re caught selling paraphernalia to minors, the penalties are even tougher.
Drug Manufacturing and Trafficking
What It Means: Manufacturing means producing illegal drugs, while trafficking involves transporting large amounts of drugs. These are among the most serious drug-related offenses.
What Happens If You’re Caught:
- Making or trafficking drugs like meth, heroin, or fentanyl can lead to prison sentences ranging from 5 to 20 years.
- If the case involves large-scale trafficking, federal charges might apply, which come with even harsher penalties.
- Contact a Drug Trafficking Defense Attorney immediately.
Driving Under the Influence of Drugs (DUID)
What It Means: Driving while impaired by drugs is treated similarly to driving under the influence of alcohol. Pennsylvania has a zero-tolerance policy for drugs in your system while driving.
What Happens If You’re Caught:
- A first offense can mean losing your license, paying fines up to $5,000, and spending up to six months in jail.
- Multiple offenses lead to more severe penalties, including mandatory jail time and longer license suspensions.
Understanding Pennsylvania’s Drug Categories
Pennsylvania sorts drugs into five schedules based on their potential for abuse and whether they have medical uses:
- Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD).
- Schedule II: High potential for abuse but restricted medical use (e.g., cocaine, oxycodone).
- Schedules III-V: Lower potential for abuse and accepted medical use (e.g., steroids, prescription cough meds).
How a Lawyer Can Help
Facing drug charges can be overwhelming, but you don’t have to go through it alone. An experienced lawyer can help by:
- Challenging illegal searches and seizures.
- Showing there wasn’t enough evidence to prove intent to distribute.
- Negotiating reduced charges or alternative sentences like rehab programs.
Why You Need Legal Help
Drug charges can seriously impact your future – from a criminal record to difficulty finding a job or housing. That’s why it’s critical to have a skilled attorney on your side. At Brennan Law Offices, we know Pennsylvania’s drug laws inside and out and will fight to protect your rights.
Contact us for a consultation if you’re facing drug charges in Philadelphia. Together, we can determine the best path to safeguard your future.
