The Pennsylvania Crimes Code prohibits the unauthorized manufacture, possession, sale and distribution of controlled substances such as cocaine and marijuana. In order to convict someone of the crime of possession of a controlled substance, the Commonwealth must establish that the accused exercised "conscious dominion" and an intention to exercise control over the contraband. For example, where the drugs are found on the defendant's person then he obviously exercises control over the drugs. However, if the drugs are not found on the defendant's person, constructive possession must be proven. Merely being present at a house or place where drugs are hidden is never enough, by itself, to prove constructive possession. Whether an individual is guilty of "constructive possession" of narcotics depends on a number of factors, such as how close the drugs are found to the defendant's belongings, whether others had access to or control of the area in question, statements made by the defendant. In Pennsylvania, possession of even a small amount of marijuana (less than 30 grams) is still considered a criminal offense (misdemeanor) and the maximum penalty which can be imposed is 30 days in prison.
If you or someone you know is arrested for a drug offense we will provide an aggressive and effective representation and we will handle your case with the care it deserves.