What is the charge for possession of drug paraphernalia in PA?

Possession of Drug Paraphernalia, in violation of 35 P.S. § 780-113(a)(32), is an ungraded misdemeanor punishable by up to one year in jail and a $2,500 fine.

Can you go to jail for drug paraphernalia in PA?

Possession of drug paraphernalia is an ungraded misdemeanor. Upon conviction, a person may be sentenced to imprisonment for up to one year, fined up to $2,500, or both. For additional information on possession of drug paraphernalia under Pennsylvania law, please see our reference guide here.

How serious is a drug paraphernalia charge?

A first-time offense for selling illegal drug paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and up to a $4000 fine. A subsequent offense for selling illegal paraphernalia can lead to a felony charge, which is punishable by 90 days or up to 1 year in jail or prison and a fine of up to $4000.

How long do you go to jail for drug paraphernalia?

Jail or prison. Some drug paraphernalia laws allow for up to a year in jail, though lighter sentences, such as up to 90 days, are also common. A court may impose a jail sentence individually or in addition to a fine or other penalties.

Can a paraphernalia charge be dropped?

One of the most common ways to dismiss drug paraphernalia charges from a record is to prove that probable cause didn’t exist. If a police officer pulled you over without stop or seizure of your person. The drug charge, in all probability, will be dismissed.

What is considered paraphernalia in PA?

In Pennsylvania, any object can potentially be classified as “drug paraphernalia” if it is possessed, sold, or used, “for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing.

How do you beat a possession charge in PA?

There are many ways to fight a drug charge in Pennsylvania. Two common ways to attack a drug charge case are 1. attacking the legal basis for the search or seizure of the drugs, or 2. making factual arguments that damage the prosecution’s case.

What is considered drug paraphernalia in Pennsylvania?

§ 780-113(a)(32), drug paraphernalia is defined under Pennsylvania law as any device, which is used or is intended to be used for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking.

What happens if you get charged with paraphernalia?

Possession of drug paraphernalia is a misdemeanor in California. If you’re convicted, you face a possible jail sentence of up to six months in county jail. Additionally, you may be required to pay a fine of up to $1,000. Additionally, a conviction will mean that you have a permanent criminal record.

Can paraphernalia charges be dropped?

How do you get a possession charge dropped?

Legal Bases for Dismissal of Drug Charges include:

1. Lack of Reasonable Suspicion / Lack of Probable Cause to Stop.
2. Improper Search or Seizure of Your Person, Car, or Residence.
3. Lack of Voluntary Consent to Search.
4. Lack of a Search Warrant to Search / Defective Search Warrant.

What is the penalty for possession of marijuana in Pennsylvania?

The maximum penalty for possession of a small amount of marijuana in Pennsylvania is 30 days in jail and a $500 fine. By contrast, the maximum penalties for summary offenses like underage drinking, public drunkenness, disorderly conduct and criminal mischief is 90 days in jail, with maximum fines ranging from $300 to $1,000.

What is the penalty for drug possession?

As for drugs in other classes, the penalty for possession is at the very least a “Class B” misdemeanor, or a “Class A” misdemeanor, which carries a penalty of up to one year in county jail and/or a fine of no more than $4,000, depending on the type of drug at issue.

What is a sentence for possession of marijuana?

Normally, Possession of Marijuana carries a potential sentence of one to ten years in prison. However, if the amount of marijuana weighs less than one ounce and is for personal use, then possession is a misdemeanor offense that carries a maximum twelve month sentence.

What is a possession of a controlled substance?

Possession of a controlled substance is a criminal offense that entails possessing a drug that has been classified by state or federal legislature as illegal.