Pennsylvania Updates It’s Drug Schedules to Include New Synthetic Opioids and Stimulants – What You Need to Know about Drug Crimes in Pennsylvania
Our criminal defense law firm represents clients charged with drug and narcotic crimes throughout the Commonwealth of Pennsylvania. Criminal allegations pertaining to drugs can vary based on the type of drug, the weight of the substance and the circumstances surrounding the incident.
Criminal Drug charges can range from felony to misdemeanor offenses and in some cases are even summary offenses resulting in fines only as opposed to state prison. Pennsylvania, like other states, including New Jersey, and the federal government classifies drugs and narcotics are to Schedules.
Pennsylvania has added Synthetic Cannabinoids and Cathinones as Scheduled Drugs
Pennsylvania has updated its drug schedules to include synthetic drugs. Synthetic cannabinoids (fake weed) and cathinones (a.k.a. “bath salts”). These illegal substances are popular among younger users who believe they’re safe. Pennsylvania now treats these synthetic substances as seriously as traditional illegal drugs.
Prescription Drug Reclassifications – What has changed in Pennsylvania?
If addition Pennsylvania now treats certain medications for ADHD and pain medication as Schedule II drugs from Schedule III. This means stricter regulations on possession and distribution and harsher prosecution within the Commonwealth.
What are Drug Schedules?
Schedule I Substances that a have a high potential for abuse; no currently accepted medical use in the United States; and a lack of accepted safety for use under medical supervision. The following controlled substances are an example of some of the controlled substances in this schedule: Heroin, Mescaline, Peyote and Marihuana.
Schedule II Substances have a high potential for abuse; currently accepted medical use in the United States; or currently accepted medical use with severe restrictions and abuse may lead to severe psychic or physical dependence. The following controlled substances are an example of some of the controlled substances in this schedule: cocaine, methamphetamines (meth), methadone, opium and opiates.
Schedule III – Substances have a potential for abuse less than the substances listed in Schedules I and II and may lead to moderate or low physical dependence. The following controlled substances are an example of some of the controlled substances in this schedule: Lysergic acid (LSD), anabolic steroids, codeine and hydrocodone with aspirin.
Schedule IV – Substances that have a low potential for abuse relative to substances in Schedule III and limited physical or psychological dependence liability relative to the substances listed in Schedule III. The following controlled substances are an example of some of the controlled substances in this schedule: Many common prescription medications are included in this schedule including Valium and Xanax.
Schedule V – Substances have a low potential for abuse relative to the substances listed in Schedule IV and limited physical dependence or psychological dependence liability relative to the substances listed in Schedule IV. The following controlled substances are an example of some of the controlled substances in this schedule: medications with very small amounts of codeine or opium.
How will these changes affect drug crimes in Pennsylvania?
- Tougher Penalties: Possession or distribution of newly scheduled substances can result in longer jail and prison sentences, higher fines, and felony charges.
- More Prosecutions: The scheduling of these substances allows for investigation and prosecution of sources of supply and distributors who were previously not violating the law
- More Asset Forfeitures: Individuals caught with significant amounts of newly scheduled drugs may face asset forfeiture.
What you need to know about Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act
Under Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. Section 780-101) Possession with the Intent to Deliver (PWID – 35 P.S. Section 780-113(30)) is a felony offense in Pennsylvania and therefore much more serious than the illegal possession of a controlled substance or drug for personal use (aka knowing and intentional possession).
While all PWID crimes are felonies, the severity of a criminal penalty is based on the drug or substance’s weight. Keep in mind that the prosecution must prove all elements of a criminal offense in Pennsylvania and any other jurisdiction (including federal) beyond a reasonable doubt.
Unlike simple possession, the prosecution (district attorney) must prove not only actual or constructive possession of a controlled substance, narcotic, or drug but an intent to manufacture, deliver, or distribute it.
Drug Distribution Prosecution in Pennsylvania
The District Attorney (prosecution) can establish the intent to distribute, deliver or manufacture element with either observed transactions or with circumstantial evidence (bags, scales, large quantity of money, other drug paraphernalia). If there aren’t observed transactions, however, the prosecution will need an expert to testify that the circumstantial evidence is indicative of an intent to distribute, deliver, or manufacture the drug.
Obviously the prosecution must prove possession before it can establish an intent to deliver or distribute and readers of my previous articles understand that constructive possession is just as good as actual possession when it comes to the prosecution’s burden of proof in these cases. While the elements of a PWID charge are important, it is equally important to understand that the severity of a criminal penalty increases as the weight of the drug found within the person’s possession increases.
For example, a PWID charge for over 1,000 grams of heroin, cocaine, or any Schedule I or Schedule II controlled substance has an offense gravity score (OGS) of 13, while a PWID for these same substances with a weight of 100 – 1,000 grams has an OGS of 11. 50 – 100 grams has an OGS of 10. These different weights would expose a person to the following criminal penalties even if they had no prior criminal history in Pennsylvania:
Pre-Trial Motions Are Sometimes Your Strongest Defense Arguments
If you are charged with a drug crime in Pennsylvania or New Jersey, it’s important to keep in mind that some of your strongest arguments are made prior to trial, in the form of a motion to suppress evidence, which calls into question the admissibility of the contraband against you.
Remember that all searches done without a search warrant are presumed illegal; the exception to the search warrant rule is often the ground for most legal arguments. The right against illegal search and seizure is found in the US Constitution (Article I, 4th Amendment) as well as the State Constitution for Pennsylvania (Article I, Section 8) and New Jersey (Article I, Paragraph 7).
For more information on strategies to contest drug charges I encourage you to keep reading my newsletter and visit our free download section.
Drug Felony Vs. Drug Misdemeanor Crimes in Pennsylvania
As I have written in previous articles, there is a substantial difference between possession with the intent to deliver (PWID) and simple possession. The former charge is a felony and in addition to a possible state prison sentence, a convicted individual faces a life-long stigma associated with being a convicted felon. While a misdemeanor offense is still a criminal charge, it is a misdemeanor which is far less serious!
In addition, neither a misdemeanor nor a felony drug offense can be expunged from a person’s criminal record but an ungraded misdemeanor, simple possession drug charge, is eligible under Pennsylvania’s new records sealing law. This means that a conviction for this type of offense will not appear on most background checks and will only be limited to certain government agencies and licensing boards.
Expert Testimony in Pennsylvania Drug Prosecutions
If you are charged with PWID the prosecution must have either observed transactions or introduce an expert witness who can testify with regards to the element of intent to deliver or distribute. Without an expert the prosecution will be unable to establish beyond a reasonable doubt that you are guilty of this felony offense. This is a very important point that your criminal defense lawyer must understand!
Many criminal cases in the Commonwealth do not involve any observed drug sales and the prosecution can’t simply use a large amount of drug evidence meet its burden of proof. Specifically, this prosecution drug expert must testify that based on his or her experience and training, the amount of drugs, combined with other evidence allowed him or her to form the opinion that the defendant intended to sell or distribute the controlled substance.
What you should do if you’re charged with a drug crime in Pennsylvania?
Remember that ignorance of the Law is never a Defense! Even if you or someone you know is unaware that a substance has been reclassified, they can still face prosecution in Pennsylvania. If you or a friend are facing criminal drug charges in Pennsylvania, it’s crucial to seek advice from an experienced criminal defense attorney.
Contact Our Criminal Defense Lawyers in Pennsylvania & New Jersey
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