In Pennsylvania, possession of drug paraphernalia is typically associated with simple possession or drug trafficking.
What is drug paraphernalia?
Drug paraphernalia is defined as all equipment, products, and materials of any kind that are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, stoning, containing, concealing, injecting, ingesting, and inhaling and controlled substance listed in the Pennsylvania Substance, Drug, Device and Cosmetic Act.
What does this mean?
This means that if possess drugs; there’s a good chance you can be charged with something. You can also be charged for items related to the use or sale of a controlled substance, even if you are not charged with possession of the drug itself. Drug paraphernalia includes things such as pipes, baggies, scales, spoons, bongs, syringes, lamps, or even rubber bands.
What are the Penalties?
Penalties for Possession:
Possession of drug paraphernalia alone is a crime and can come with serious consequences. The penalties range depending on what you have in your possession or the amount of drug you have on your when charged.
If you have 30g or less of marijuana, for example, this is a misdemeanor. This can be punished by up to 30 days in jail and a fine of up to $500. Whereas, the sale of anything less than $1,000lbs is a felony, and this is punishable by up to 3 years in prison and a $25,000.
Penalties for Selling:
Selling anywhere from 2-10lbs of marijuana has a mandatory sentence of one year and a $5,000 fine. Also, if there is a second or subsequent charge, this penalty will be doubled. Additionally, sale of more than 1000lbs is a felony and comes with a maximum penalty of 10 years in prison and a $100,000 fine. These will also be doubled if there is a second or subsequent charge.
Distribution of marijuana within 1,000 feet of a school or 250 feet of a recreational playground is punishable by 2-4 years in prison. Also distribution to a minor by someone over 21 years of age is considered a felony, and punishable by doubled penalties upon conviction.
If you have been charged with possession, sale, or distribution of marijuana or another illicit drug, please contact our law offices today to schedule a consultation with our criminal defense attorney, Jill Sinatra!