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Police Officer and Man Arrested for Drug Possession

Possession vs. Possession With Intent to Sell 

Allegheny Attorneys at Law, P.C. Aug. 24, 2022

According to statistics from the FBI’s National Incident-Based Reporting System (NIBRS), there were 19,549 total arrests for drug possession in Pennsylvania in 2019. In the Commonwealth of Pennsylvania, a person may be arrested and charged with drug possession or possession with intent to sell depending on the amount of controlled substances found on them or in their care. 

The ramifications of a drug crime conviction can be devastating. If you’re charged with drug possession, or possession with intent to sell, it can jeopardize your personal reputation, quality of life, and future opportunities. A skilled Pennsylvania criminal defense attorney can enlighten you about the difference between both drug crimes charges and help strategize your defense. 

At Marc V. Taiani, Esquire and Allegheny Attorneys at Law, P.C., I have the diligence, resources, and knowledge to defend and represent clients in their drug crimes cases. As your legal counsel, I can thoroughly investigate all the facts of your case and outline a strong defense to help fight your charges. 

Whether you are facing drug possession charges or possession with the intent to sell charges, I will fight vigorously to defend your rights and strive to keep your record clean. My firm is proud to serve clients across Pittsburgh, Ross Township, Penn Hills, Shaler Township, Fox Chapel, and the rest of the state. 

The Basics of Pennsylvania's Drug Possession Laws 

Under Pennsylvania law, it is unlawful to intentionally possess any controlled substance, including medical marijuana and prescription drugs, without proper legal authority. However, there will be no charges for drug possession if: 

  • You have a valid prescription or physician's order for the drug 

  • You are a registered practitioner with a license under the appropriate Pennsylvania State Board 

  • You have a valid medical marijuana ID card 

Essentially, the drug possession charges you will be facing will depend on the quantity of drugs or controlled substances in your possession and other surrounding circumstances. 

The Difference Between Possession & Intent to Sell 

According to Pennsylvania law, a person could be arrested and charged with drug possession if they knowingly and intentionally possessed a controlled substance or illicit drug, such as cocaine, marijuana, opioids, heroin, and methamphetamines. 

The person may be facing drug possession with intent to deliver (PWID) charges in Pennsylvania for having a quantity of drugs that is considerably more than a reasonable amount meant for personal consumption at one time. 

Pursuant to 35 Pa. Stat. § 780-113 (a)(30), the following act is prohibited – "the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance." 

If you or someone you know is facing drug possession or possession with intent to sell/deliver charges, you need to reach out to a knowledgeable Pennsylvania criminal defense attorney right away. Your lawyer can enlighten you about the possible penalties and determine your best defenses. 

Possible Penalties 

In the Commonwealth of Pennsylvania, drug crimes—including drug possession or possession with intent to deliver—often carry severe punishments. If convicted, the possible penalties and consequences may include: 

  • Prison sentences (ranging from months, years, or decades) 

  • Hefty fines 

  • Probation 

  • A criminal record/history 

  • Increased difficulty in securing housing, employment opportunities, or public benefits 

  • Loss of your rights to own or possess a firearm 

  • Ineligibility for certain financial loans 

  • Increased difficulty traveling to other countries 

  • Loss of voting rights 

  • Mandatory drug treatment classes 

A Pennsylvania drug charges defense attorney can identify your possible defenses and help you seek to avoid the devastating penalties and implications of a criminal conviction. 

Possible Defenses 

When falsely charged with drug possession or possession with intent to deliver, your attorney can help fight your charges using any of the following defenses: 

  • Lack of knowledge or intent 

  • Drugs were planted 

  • The drugs belonged to someone else 

  • Illegal search and seizure 

  • The accused is a victim of entrapment 

  • Crime lab analysis is needed to prove the alleged illicit substance is indeed a drug 

  • The drug was prescribed by a qualified physician 

A knowledgeable attorney can determine your best defenses and help pursue the best available outcome for your unique situation. 

Experienced & Skilled Defense 

At Marc V. Taiani, Esquire and Allegheny Attorneys at Law, P.C., I'm dedicated to offering reliable representation and personalized legal counsel to clients facing drug charges. As your attorney, I can review and investigate every detail of your case and determine the best defense strategy in pursuit of the most favorable outcome. I will help you navigate the Pennsylvania criminal justice system and ensure that you're given fair treatment. 

Facing drug charges can be terrifying. Don't face them alone. Contact my firm—Allegheny Attorneys at Law, P.C.—today to schedule a simple case evaluation with a reliable drug charges defense lawyer. I can fight aggressively to uphold your rights and represent you in every phase of the legal process. My firm is proud to serve clients across Pennsylvania, including Pittsburgh, Ross Township, Penn Hills, Shaler Township, and Aspinwall.