You’ve Been Charged with Drug Possession, What Do You Do Now?
July 27, 2021
Just because you’ve been charged with possession of drugs does not necessarily mean it will result in an conviction. Contact an experienced drug defense attorney today.
What is Simple Possession of Drugs?
Under 35 PA. Cons. Stat. § 780-113, which is Pennsylvania’s law for possession of a controlled substance, it is a criminal offense to possess a controlled substance without the authority to do so.
What Drugs are Deemed Controlled Substances?
Under 35 PA. Cons. Stat. § 780-104, the following is the breakdown as to Schedule I through V of Controlled Substances:
Schedule I Controlled Substances include, but is not limited to:
Crack Cocaine; and
Schedule II Controlled Substances include, but is not limited to:
Schedule III Controlled Substances include, but is not limited to:
Schedule IV Controlled Substances include, but is not limited to:
Schedule V Controlled Substances include, but is not limited to:
Cough Suppressants containing Codeine; and
What Are the Penalties for Simple Possession of Marijuana?
The penalties for Possession of Marijuana, where you are charged with thirty (30) grams or less of marijuana, you are facing an ungraded misdemeanor offense and up to thirty (30) days in jail along with a $500.00 fine.
For a second (2nd) offense possession charge, or multiple subsequent offenses, the penalties can increase with enhancements for any subsequent offense.
What Are the Penalties for Simple Possession of A Controlled Substance?
Simple possession of a Controlled Substance is an ungraded misdemeanor offense.
For a first (1st) Simple Possession Offense: The maximum penalty of up to one (1) year in jail and a maximum fine of $5,000.00; and
For a second (2nd) Simple Possession Offense: The maximum penalty of up to three (3) years in jail and a maximum fine of $25,000.00.
Actual vs Constructive Possession
Actual possession - having the substance in their physical possession or control. An example of actual drug possession would be having the substance in one’s pocket or directly in hand. This type of possession generally occurs when the illegal substance is found on the person (pockets, wallet, cigarette pack, etc.)
Constructive possession - the person has the power to knowingly possess the illegal substance and control its movement a classic example of this is when an individual is driving a motor vehicle and there are drugs found in the car. While the drugs may not be on the person, the individual can still be charged with possession of a controlled substance because they were driving the car that had the drugs in it and the facts and circumstances indicates that the drugs belonged to the defendant. An experienced criminal defense attorney may be able to make the case that the drugs were not the defendant’s.
I'm Charged with Simple Drug Possession, Who Can I Call?
At The Town Law, we understand just how stressful facing criminal charges can be. With our vast experience handling criminal cases throughout Bucks County, Delaware County, Chester County, Montgomery County, and Philadelphia County in Pennsylvania, we are well-equipped to ensure you get the best result possible with criminal defense attorneys by your side throughout the process. Contact our firm today for a free consultation. Our staff of experienced Drug Defense attorneys is dedicated to the best outcomes for all of our clients.