In Pennsylvania, there are two categories of marijuana offenses: possession for personal use and possession with the intent to distribute. In most situations, selling marijuana is a felony offense, and a conviction can result in a mandatory prison sentence. If you are facing drug crime charges, you need the help of a possession of marijuana with intent to sell defense lawyer in Montgomery County.
David C. McKenzie III of the McKenzie Law Firm, P.C., has extensive knowledge of Pennsylvania’s drug laws and has helped many people facing these types of charges. He can help you understand your rights, the charges against you, and the best options for your defense. Contact our criminal defense team at 610-680-7842 today for a free case evaluation.
The Penalties for Possession of Marijuana With Intent to Sell
Individuals facing charges of manufacturing or distributing marijuana can face stiff penalties in Pennsylvania. These penalties vary based on the amount of the drug and whether or not there was intent to sell it. For example:
- Selling up to 1,000 pounds of marijuana can mean up to $25,000 in fines and between one and three years in prison; and
- Selling over 1,000 pounds can lead to up to $100,000 in fines and up to 10 years in prison.
When you are facing drug charges, it is scary, and your future is on the line. A conviction can change your life and affect your job, family, and future. A felony conviction stays on your record and can damage your reputation and prevent you from getting a good job.
A knowledgeable drug crime defense lawyer understands the charges you are facing and the best way to fight against them. David C. McKenzie III is a former prosecutor with years of experience defending clients facing all types of criminal drug charges. He fights diligently for his clients’ rights and always pursues the best possible outcome.
What the Law Says About Possession of Marijuana for Personal Use
The Pennsylvania justice system considers drug possession with the intent to sell as a much more serious offense than possessing marijuana for personal use.
Possessing up to 30 grams of marijuana—without the intent to sell—is a misdemeanor, not a felony. A conviction for this crime would carry fines of up to $500 and up to 30 days in prison. Anyone found guilty of possessing more than 30 grams of marijuana would face increased penalties, like:
- Up to one year in jail and fines of up to $5,000 for the first offense; and
- Up to three years in jail and as much as $25,000 in fines for a second offense.
Sometimes we can help our clients by getting their charges reduced to personal possession instead of possession with the intent to sell. If this is possible in your case, it could keep you from facing felony drug charges.
Possible Defenses for Marijuana Charges
If you are facing a charge for marijuana possession with the intent to sell in Montgomery County, you need a criminal defense lawyer who understands the best ways to defend you. Our legal team can examine the prosecution’s case against you and identify any potential strategies that could help protect your future. Sometimes we can negotiate a deal with the prosecutor, have evidence thrown, or even convince a judge to drop the charges altogether.
Here are some of the strategies we might be able to use in your case.
The Marijuana Did Not Belong to You
If the police found marijuana in your car or home and it was not yours, we can argue that the drugs belong to someone else. The prosecution must prove it belongs to you.
The Police Conducted an Unlawful Search and Seizure
The Fourth Amendment guarantees you the right to lawful search and seizure. If we can show that the police violated your rights at some point during the legal process, the judge could dismiss the charges against you.
You Were the Victim of Entrapment
When police officers induce someone to commit a crime that they might not have committed otherwise, it is entrapment. If we can show the police pressured or coerced you into committing a crime, the judge could dismiss the charges.
The Prosecution Committed Errors During Evidence Analysis
The prosecution has to prove the drug in question is what they say it is. They must send it to a crime lab for analysis, and an expert must testify on the results. If a member of the prosecution’s team made a mistake during this analysis, we might be able to have the evidence thrown out.
These are only a few of the possible defenses we could use in a drug crime defense case. Our goal is to show holes in the prosecutor’s case against you to get you a more favorable outcome. If you are facing charges of possession of marijuana with intent to sell, you should consider talking to a criminal defense lawyer as soon as possible.
A Drug Crime Defense Lawyer Can Help
Whatever drug charges you are facing, the McKenzie Law Firm, P.C., can help. Even if the evidence appears to be overwhelming, we understand the marijuana laws in Pennsylvania. We can investigate your case and look for effective strategies to reduce the negative consequences you might face.
It is important to contact a criminal defense lawyer right away if you are facing these charges. Our team is committed to doing all we can to ensure a favorable result for you. Do not wait. Call us today at 610-680-7842 for your free case evaluation.