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Drug Crimes Archives

DUI Could CBD get you arrested for drugged driving?

CBD, a compound derived from cannabis plants, doesn't get you high. Properly processed, it contains only a fraction of a percent of THC, which is the psychoactive compound in cannabis. CBD can be derived from marijuana or hemp plants, with hemp creating a naturally low-THC product. CBD derived from marijuana must be specially processed to remove the THC content.

Drug Crimes Molly

Drug Crimes include the possession or deliver of Molly. Methyl​enedioxy-​methamphetamine (MDMA) is an illicit street drug that effects the central nervous system and the brain. drug paraphernalia MDMA is commonly referred to as "molly". Users of molly experience altered sensations, increased energy and empathy, and a euphoric sensation that typically lasts anywhere from 3-6 hours, depending on the potency of the drug. Molly is very common in the club scenes, where the users will take the drug which typically comes in a pill form, to experience the euphoric effects and dance to the music. Music festivals in recent years have been shut down due to people dying from taking molly. This is due to the fact that the drug heats up your internal body temperature, and in the cases where people die, they are unware of this change and die of dehydration or heat stroke. Due to the high potential for abuse, the DEA lists MDMA as a schedule one drug, meaning that there is no current accepted medical use for the drug.

Drug Crimes Methamphetamine

Possession of Methamphetamine constitutes one of many drug crimes in the Commonwealth of Pennsylvania. Methamphetamine is a stimulant drug which effects the central nervous system. drug paraphernalia  When most people think of this drug, they typically thing of it in its crystallized form, known as the street drug crystal meth. In this form, the DEA classifies it as a schedule two drug which places it in the same category as PCP. Both of these drugs have a high potential for abuse which may lead the user to develop a serious physiological and psychological dependence on the drug. Users typically experience periods of intense energy, alertness, paranoia and psychosis and in many cases smoke the drug. If the drug is abused for a long period, the psychical toll the drug takes on your body is immense. Users typically have rapid weight loss, tooth decay and permanent damage to the brain that could contribute to the development of serve psychotic disorders. Due to the fact that the DEA places crystal meth in the schedule two category, most states have harsh penalties for possession and distribution. The guidelines set out in the Pennsylvania statues make it a misdemeanor for first time offenses. This also depends on the amount that the offender has on them at the time of the arrest. Above a certain amount and the simple possession charge can go from a misdemeanor to a felony.

Drug Crimes Police searches

The 4th amendment typically applies to police searches involving drug crimes. The 4th Amendment of the Constitution of the United States protects citizens from unreasonable searches and seizures. Heroin Crimes So, when exactly can police search an individual, specifically a person's vehicle? There are several ways a police officer can obtain legal authority to do so. The first is the long drawn out process of obtaining a search warrant. The officer must outline specifically where they will be searching and must provide a reason or justification as to why the search is necessary, and a judge must sign off on the search. However, this is not how most officers obtain legal authority to search an individual's vehicle. Most searches are based on probable case (PC) alone. PC is essentially certain factors are present during an interaction with police that leads the officer to believe a crime has been committed. This gives the officer a reasonable ground to base the search off of. For instance, a very common form of PC is the presence of marijuana odor admitting from the individual's vehicle. If during the course of a traffic stop, the officer detects the odor of marijuana, that officer can use the presence of the marijuana odor as PC and search the vehicle without needing a warrant.

Drug Crimes Possession With Intent to Deliver

One of the most common Drug Crimes in the Commonwealth of Pa is the crime of Possession of a drug with the intent to deliver. Drug crimes can range from simple possession of a controlled substance to possession with intent to deliver (PWID). Under title 35 of the health and safety act, PWID is a felony and carries with it substantial penalties if convicted. meth crimes In order to be charged under this statue, the Commonwealth needs to establish that there are a number of different factors in play that would bump the charge up from simple possession to PWID. Because it is really hard to prove exactly what someone's intentions are, these factors are usually based on circumstantial evidence. For instance, the amount of the drug found in possession is a key factor. The threshold amount for the charged to be upgraded varies from drug to drug. In the case of marijuana, anything more than thirty grams can bump up the charge to PWID. For cocaine, the threshold amount is two grams and above. For heroin, the threshold amount would be just one gram. As the amounts go higher and higher above the threshold, the harsher and lengthier the prison sentences become.

Drug Crimes Possession of a Controlled Substance

One of the most frequent Drug Crimes charges that make their way through the courts involve the charge of possession of a controlled substance. heroin Simple possession is a step below the charge of possession of a controlled substance with the intent to deliver (PWID), therefore it carries with it a lighter sentence typically involving fines, probation, and sometimes admittance to an ARD program depending upon the county. The difference the two charges is that with the charge of simple possession it is assumed that the substance is in the person's possession for the purposes of personal use. Due to the fact that it is really hard to prove what someone's intentions are with the drugs, the evidence for simple possession is usually circumstantial. Similarly, to PWID, there are a number of factors that the police and prosecutors look for. The first factor is the amount. Depending on the drug, the amount that constitutes simple possession varies. For cocaine, it is any amount under two grams. For heroin, it is any amount that is under one gram. Because of the effort to decriminalize marijuana, typically if you are found in possession of marijuana you are charged with a separate charge from simple possession that carry with it an even lighter sentence.

Drug Crimes Medical Marijuana

The prolific use of medical marijuana has resulted in one of the most drastic changes in many states laws regarding the view that the possession of marijuana and other related drug crimes. heroin crimes In many states the legalization for the use and cultivation of medical marijuana has grown throughout the years. Since 2016, there has been 28 states that have now legalized medical marijuana, including Pennsylvania. However, these states set laws and boundaries that must be followed in regards to the extent in which marijuana can be used, possessed, and recommended. As a result, it is important to consult with an experienced drug crimes attorney to make sure that you are not committing a crime when using marijuana as a medicine.

Drug Crimes Marijuana Possession in Pa

Drug Crimes such as the possession of marijuana in the state of Pennsylvania continues to remain illegal today, under the Pennsylvania statute Title 35 section 780-113. There are separate and different penalties for the act of possessing and distributing marijuana. student drug charges In Pennsylvania, the offenses of marijuana are labeled as the possession with presumption of personal use, simple possession of marijuana, and possession of marijuana with the intent to deliver or distribute. When involving the possession of marijuana, the penalties are guided by the amount of marijuana possessed at the time of police interaction. Small amounts of marijuana are counted as misdemeanors, however can still result in fines and/or legal punishment. For example, a charge of under 30 grams can result in up to 30 days in prison and/or a fine of $500.00. While a charge over 30 grams can result in up to 1 year in prison and/or a fine of $1,000.00, while still being considered a misdemeanor. Consecutive charges of possession can result in increased jail time and larger fines. Consult with an experienced Chester County Marijuana lawyer if you are being investigation for either possessing or dealing marijuana.

Drug Crimes Mandatory Minimum Sentence

The majority of mandatory minimum sentences are associated with convictions for drug crimes. Following a guilty plea, judges are required to sentence offenders to a mandatory minimum for specific crimes. Marijuana Crimes Mandatory minimum sentencing is a type of sentencing that includes fixed fines and or prison and jail sentences. When choosing the minimum sentence (when a minimum mandatory does not exist), judges are able to use a certain amount of discretion that allows them to make an appropriate decision. Their discretion allows them to use fair judgment for sentencing based on the following information: a defendant's age, prior criminal record, personal background, and the specific crime charged. However, statutes are put in place for the required minimum time that must be served, which takes away judicial discretion.

Drug Crimes Chester County Drug Court

Chester County provides a drug court program for non-violent drug dependent offenders charged with Drug Crimes, which provides treatment and judicial authority intended to support offenders in treatment. heroin This program consists of four phases lasting from the minimum of 12 months to 24 months. Drug court is run by the Chester County District Attorney's Office and the Office of Drugs and Alcohol Services, bail agency, and adult probation. All of these different agencies are involved in supervising and implementing rules for criminal defendants who are placed on the program with the goal of rehabilitating the accused from his or her dependency on drugs and alcohol. If you have received a non-mandatory drug offense, or are a first time DUI/drug offender, contact the lawyers at the Law Office of Kelly and Conte for good legal representation regarding an alternative to a conviction.

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