Drug Crime attorney

Criminal charges involving drugs have led to 85% of our country’s prison population. Our local, state, and federal governments have been fighting a “war on drugs” since 1971. This has led to many non-violent offenders being locked up for having a substance abuse problem, and other associated offenses. This aggressive attack on drug usage and other associated activity means you must treat any drug charge with an equally aggressive legal defense. The prosecution does not want to hear your side of the story, and they do not want to make a deal with you unless they believe they may lose their case. Do not take a drug charge lightly. Contact our drug crime attorneys immediately.

What Drugs Are Illegal?

In 1970, the federal government passed the Controlled Substances Act to organize drugs into five categories that are known as schedules. The schedules measure each drug based on its potential for abuse, legal status, medicinal uses, and effects on people’s minds.

Originally, schedule 1 was the most dangerous drug schedule, but as some drugs were moved and laws changed, this is no longer considered true. In fact, the placement of some drugs may be confusing, but they are still important as the lower the schedule number, the worse the criminal charge in most instances. Currently, the five schedules of drugs are:

Drug Crime attorney
  • Schedule I: Marijuana, ecstasy, heroin, LSD, cocaine, and peyote
  • Schedule II: Methamphetamine, fentanyl, Vicodin, oxycodone, and Adderall
  • Schedule III: Anabolic steroids, testosterone, and ketamine
  • Schedule IV: Xanax, Ambien, Ativan, and Valium
  • Schedule V: Cough suppressants

Types of Drug Crimes

While substance use may become less and less taboo as more states across the country legalize marijuana, Pennsylvania has not relaxed its drug crimes, and may never. If the police or prosecutor’s office can connect you to drugs in any way, they will try to prosecute you on several different charges.

Selling and using drugs are not the only ways someone can be charged with a drug crime. There are several different drug charges, and if you’re not sure if you can be charged, or what you’re being charged for, the drug crime attorneys at Lermitte & Lubin, LLC can explain.

Drug Crime attorney

Drug Possession

Since being under the influence of drugs is not illegal, nor is having an addiction, possession has become the most common way to charge people for a crime. Drug possession can be described as having drugs on your person. You do not have to own it or show intent to use it, only have it in your possession.

There are two types of drug possession charges based on how much of a drug you have. If the drugs can be measured in pounds, it may lead to a more serious enhanced charge. If the drugs can be measured in grams, you would typically receive a simple charge. Enhanced charges can commonly lead to intention-to-sell charges.

You can also be charged for drug possession of prescription drugs. Pennsylvania mandates that they must be stored in their originally labeled containers, or else you run the risk of a possession charge.

Drug Crime

Drug Dealing & Drug Trafficking

Selling, trading, or otherwise exchanging scheduled drugs is considered drug dealing. In Pennsylvania, sharing drugs amongst family members and friends is also drug dealing. This means you can’t share prescription drugs with people in your household. Also, if you get caught sharing illegal drugs with someone – even for recreational use – you can be charged with drug dealing.

Once the amount of drugs being sold, traded, exchanged, or shared reaches a certain weight in pounds, you can be charged with drug trafficking. Where drug dealing can be a misdemeanor, trafficking is always a felony and carries heftier charges.

Drug Crime attorney

Drug Manufacturing

If you are involved in any step of the illegal drug manufacturing process, you can be charged with drug manufacturing. If the drug comes from a plant that you grow, it’s still considered drug manufacturing.

Most drugs are brought in from other countries, but there are many places in the United States where people manufacture meth or grow marijuana.

Possession of Drug Paraphernalia

“Drug paraphernalia” is anything that can be used to prepare, inject, inhale, package, produce, or conceal illegal drugs. This definition covers many items. Here are some common items that are considered drug paraphernalia:

  • Pipes
  • Bongs
  • Baggies
  • Scales
  • Cutting agents
  • Rolling papers
  • Syringes and injection kits

Many of the items we listed and some other drug paraphernalia can be used for legitimate and legal purposes. These items will come with labels stating what they are to be intentionally used for and are labeled accordingly. Despite this label, it’s common for these items to be used as circumstantial evidence along with signs of illegal use.

Drug Crime attorney

Contact the Drug Crime Attorneys at Lermitte & Lubin, LLC

Most people in prison were found guilty of drug crimes. Your chances of keeping your freedom are not high after being charged with one, so don’t take any chances. Our drug crime attorneys have extensive experience defending clients who have faced several different drug crimes. You shouldn’t lose your freedom when you didn’t hurt anyone. Contact us today for help.

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