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 Foster & 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
- Punishment for Philadelphia PWID-Marijuana Charges
- Defenses to Pennsylvania Marijuana Distribution Charges
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."
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.
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 Foster & Moscow, LLC, we view carefully reviewing police actions in your case as one important aspect of protecting your rights.
Finding the Best Philadelphia Area Attorney for Dealing Marijuana
If you face charges of possession with intent to deliver (PWID) for marijuana, you could be facing mandatory minimum jail time and steep fines. The Philadelphia marijuana distribution lawyers at Alva Foster & Moscow, LLC will zealously guard your interests. If you are facing marijuana distribution charges anywhere in the Philadelphia area, including Bucks and Montgomery Counties, call (215) 665-1695 today to set up a consultation.