Marijuana Distribution Lawyers Philadelphia

It's illegal to possess marijuana at all in Pennsylvania. But if you're accused of being a pot dealer or if you cultivate marijuana, you could face vastly increased levels of punishment. Possession with intent to deliver (PWID) includes charges of that you intended to sell, cultivate or transport marijuana. The more you are accused of possessing the more jail time you might face.

Philadelphia Marijuana Distribution Lawyer

If you're accused of dealing or growing marijuana, you're likely to face tough prosecution. An even tougher Philadelphia marijuana distribution lawyer can make a big difference in the results of your case. Our aggressive defense attorneys at Alva & Moscow, LLC will zealously fight for your rights. We will challenge evidence and seek to get your charges reduced or dismissed. Call us today at (215) 665-1695 to schedule a consultation to discuss your PWID charged for marijuana.

We defend clients throughout the Philadelphia area, including Chester County and Delaware County.

Overview on Charges of Selling Cannabis

Defining Marijuana Distribution Charges in Pennsylvania

Marijuana is illegal to possess, even for medical purposes, in the Commonwealth of Pennsylvania, under both state and federal law. Any part of the plant, including resin, seeds and buds, and any compound or mixture containing a detectable amount of weed can lead to jail time.

However, the charges are elevated if you are charged with possessing cannabis with the intent to sell, cultivate or distribute it. Prosecutors have a variety of evidence they may use to reach this charge. For example, if you are accused of possessing a large quantity, prosecutors may say the amount far exceeds what one would use for personal use and you clearly possess it to sell.

They can also argue any other items alleged to be found in your possession are paraphernalia used to sell the marijuana, like baggies or scales, or cultivate marijuana, like hydroponic equipment. Prosecutors may even seek PWID charges if you are accused of possessing marijuana and a large amount of cash.

If the alleged drugs and/or paraphernalia were found on your person, like in a bag or in your pocket, then that is "actual possession." However, if it is found in a location where you had control, like inside your house or in your vehicle, prosecutors can claim "constructive possession."

Marijuana Distribution defense attorney Philadelphia

Punishment for Philadelphia PWID-Marijuana Charges

If you are convicted of distributing 30 grams or less of marijuana for no remuneration - in other words, giving it for free - you will face the same penalties as if you had merely possessed the pot: up to 30 days in jail and up to a $500 fine.

Larger amounts face much harsher penalties. A conviction of possession with intent to deliver any amount of marijuana under 1,000 pounds can result in prison time of up to three years and up to a $25,000. If there are prior offenses, you receive the maximum sentence. If there was a school within 1,000 feet or a playground within 250 feet, the range extends to 2-4 years.

If the amount is more than two pounds, it is a mandatory one year minimum sentence and at least a $5,000 fine.

Penalties are doubled if the sale was to a minor by a person older than 21.

If the alleged delivery is more than 1,000 pounds, you could face up to 10 years in prison and a $100,000 fine.

Furthermore, you will have a permanent record that says you are a drug dealer. You may have difficulty finding work, attending school or finding a place to live for a long time.

Defenses to Pennsylvania Marijuana Distribution Charges

To convict the accused on possession with intent to deliver for marijuana, the prosecution must prove every element of the crime beyond reasonable doubt. This means, for PWID, that you knowingly possessed the marijuana and that you had the requisite intent to sell, distribute, cultivate or otherwise deliver.

The defense's only job is to show the reasonable doubt that exists - not prove anything. A Philadelphia marijuana defense lawyer can question the prosecution's evidence and bring evidence of its own to show, for instance, that the defendant was not in constructive possession of the cannabis.

The primary evidence for most marijuana PWID cases is the marijuana itself. The marijuana for distribution charges are usually found as the result of a search. You have a reasonable expectation of privacy over many of the places drugs might be found - certainly in your home, but also in the trunk of your car and other places you can shut closed.

Police must carefully follow certain procedures and have probable cause to search such places. If they fail to follow these procedures in gathering evidence, the evidence might be thrown out, leaving the prosecution with little choice but to drop charges in many circumstances. At Alva & Moscow, LLC, we view carefully reviewing police actions in your case as one important aspect of protecting your rights.

Cannabis Distribution FAQs

What are the penalties for selling marijuana in Pennsylvania?

PWID involving marijuana is a felony carrying up to five years and a $15,000 fine for a first offense at typical weights, with maximums doubling for prior drug convictions. Sentencing guidelines scale with weight, and delivery near schools or to minors brings enhancements that change the recommended range substantially.

Is giving marijuana to a friend a felony?

Delivery requires no sale - any transfer counts, so passing marijuana to a friend is technically PWID's lesser cousin, delivery. Prosecutors rarely charge social sharing at small amounts as a felony, but the exposure exists, and text messages arranging a shared purchase are routinely used to elevate a possession case into a distribution case.

How do police build marijuana distribution cases?

Through controlled buys, informants, package interdiction, social media and marketplace monitoring, and traffic stops that escalate. The digital trail matters most - Cash App records, messages, and photos of product are the modern evidence core. Each investigative step carries suppression law, from the informant's reliability to the phone's search warrant.

Does marijuana's legal status elsewhere help my Pennsylvania case?

Not legally - Pennsylvania law controls, and product purchased lawfully in New Jersey becomes contraband at the state line. Practically, shifting attitudes have softened outcomes: juries are more skeptical, prosecutors negotiate marijuana cases more readily than other drugs, and diversion is more available. That climate is leverage, not immunity.

Can a marijuana distribution charge be reduced to possession?

Frequently, where the weight is modest and the distribution evidence is inferential - packaging and cash rather than observed sales. The reduction converts a felony into a misdemeanor with diversion possibilities, and attacking the intent inference through an expert or suppression of the supporting evidence is how that door gets opened.

Finding The Best

Attorney in Philadelphia For Your Case

If you are facing any kind of injustice, be it a wrongful criminal accusation or being injured by the negligence of another, a fearless Philadelphia attorney from Alva & Moscow, LLC can fight zealously for your rights. We can serve as your criminal defense lawyer or your personal injury attorney. We apply our principles of aggressive representation to seek the best results for you.

We represent clients throughout the Philadelphia area, including Bucks, Chester, Montgomery and Delaware Counties, as well as Pennsylvania and New Jersey.

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