Drug Possession in Lehigh County

The penalties and laws surrounding possession of marijuana in Lehigh County are based on the weight of the marijuana found on the person.  A "small amount of marijuana":  This is frequently used for "Section 17" offenses or for a deminimus amount of marijuana possessed.  There is no exact weight applied to this term, although it is normally less than 30 grams.  Possession of a "small amount of marijuana" may be charged if it is intended for personal use, possessed with the intent to distribute it but not to sell (on occassion), or the actual distribution of a small amount but not for sale.  For first-time offenders, a negotiated plea arrangement may be made for a "small amount of marijuana" under Section 17 of the Controlled Substances or through ARD.  This arrangement is an alternative disposition which allows for 30 days probation (normally), court costs and fines, and an expungement of your Lehigh County criminal records at the conclusion of probation.  This means that you will not have a criminal conviction on your record and your Lehigh County criminal lawyer will have saved your future employment options.  

If you are arrested and charged with more than 30 grams of marijuana, the police may charge you with possession with intent to distribute.  Regardless of your intent, if you possess a certain amount of marijuana, it can be presumed that you intended to sell the marijuana.  This automatically becomes a felony. 

Additional Penalties in Lehigh

For the Sale or Cultivation (Trafficking) of marijuana, you should refer to 18 Pa.C.S.A. § 7508. Pennsylvania has strict mandatory minimum terms of imprisonment. If you have 10 pounds to under 50 pounds or 21 live plants to under 51 live plants (which is debatable if some plants have been harvested), for a first offense you are facing 3 years in prison and a fine of $15,000 or such larger amount.  If you are charged with a second offense, you are facing 4 years in prison and a fine of $30,000 or such larger amount.  

This "or such larger amount" means that the judge may fine you for a larger amount that is "sufficient to exhaust the assets utilized in and the proceeds from the illegal activity."  Regardless of your intent, if you possess a certain amount of marijuana, it can be presumed that you intended to sell the marijuana.  This automatically becomes a felony. Also note -- If the conviction is for the sale by a person over age 21 to a minor, it is an automatic felony and incarceration and fines are doubled.  See 18 Pa.C.S.A. § 7508 for further information.