Wrongful Possession Of A Controlled Substance In Allegheny
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If you're wondering, “What are low-level drug offenders?” the simplest answer is someone who has committed a minor, non-violent offense, such as possessing a small amount of a controlled substance that has minimal risk of abuse and commonly accepted medical uses.
Simple possession, or possession of a controlled substance for personal use, is typically treated as a misdemeanor, especially for first-time offenders. Penalties may include up to one year in jail, probation, fines, and participation in a drug treatment program.
Mandatory Minimums for Drug Crimes SubstanceMinimumMaximum Trafficking 21 U.S.C. § 841(b)(1)(A)/960(b)(1) substances (e.g., 1 kilo or more of heroin) 10 years life if death or serious injury results 20 years life with prior drug felony conviction 20 years life27 more rows •
Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.
It doesn't have to be physically on you. It doesn't have to be yours. If you know it's a controlled substance, and you exercise control over it (or could do so), then you're in possession.
Proving Drug Possession After the Fact You can also be charged with drug possession if someone left drug paraphernalia in your home or car and the paraphernalia contains drug residue. Suppose, for example, that you used drugs in the past and left a pipe in your vehicle.
“Actual possession” means the defendant knowingly had direct physical control over an object. “Constructive possession” means the defendant, although not actually possessing an object, knowingly exercised dominion or control over it, either acting alone or through another person.
INFORMATION ON FIRST TIME DRUG OFFENSES IN PENNSYLVANIA Even a first-time simple possession conviction can mean up to a year in prison and $5,000 in fines, depending on the amount and type of drugs found in your possession.
