South Central Pennsylvania Marijuana Possession Attorney

Have you been charged with possession of a small amount of marijuana in Cumberland County, Dauphin County or York County?

Statutory Definition

Pursuant Section 780-113(a)(31) of The Controlled Substance, Drug, Device, and Cosmetic Act, it is unlawful for a person to possess a small amount of marijuana:  1) only for personal use; 2) with the intent to distribute but not sell it; or, 3) to deliver but not sell it.

Penalties

The maximum period of incarceration for a conviction of Possession of a Small Amount of Marijuana is 30 days.  Additionally, a conviction for this offense carries a mandatory six (6) month license suspension for a first offense and the period of license suspension escalates for each subsequent conviction.

The What ifs of "Possession"

What if "I didn't even have the marijuana on me?"

Answer:  Let's assume you were pulled over in a traffic stop and a small baggie of marijuana was in your center console where the officer could clearly see it.  Where the drugs are not found on a defendant's person, the prosecution must prove "constructive possession."  In order to prove "constructive possession" of a drug, the prosecution must establish "the ability to exercise a conscious dominion over the illegal substance: the power to control the contraband and the intent to exercise that control."  Commonwealth v. Valette, 613 A.2d 548 (Pa. 1992).

But what if "the marijuana was in the car and there were other people in the car with me?"

Answer:  The theory of "constructive possession" would still apply.  However, now, the prosecution would have to prove "joint constructive possession."  Under the theory of "joint constructive possession," two people may have joint control and equal access to the drug and, thereby, both may constructively possess it.  The prosecution can attempt to prove joint constructive possession based upon all the factual circumstances present in any particular case.  Commonwealth v. Haskins, 677 A.2d 328 (Pa.Super. 1996).

Get the Legal Representation You Need and Deserve

The Drug Defense Attorneys at Colgan Marzzacco, LLC, bring to the table the knowledge and experience necessary to defend your rights.  If you have been accused of a drug crime, there may be many questions that you need answered.  More importantly, based upon your limited contact with the criminal justice system, there may be many questions you do not even know to ask.  For example:  Was the traffic stop lawful?  Did the police have the right to search me or my car?  When the police entered my home, did they need a warrant?  Was my consent to the search voluntary?  These are examples of just some of the questions that can come up in a drug case.  Based upon the knowledge obtained through years of experience defending the rights of those accused of crimes, the Criminal Defense Attorneys at Colgan Marzzacco, LLC, know the questions to ask so you can get the answers you need and deserve.

Contact a Drug Possession Attorney at Colgan Marzzacco today for your free consultation by phone.  The legal team proudly serves individuals in Camp Hill, Carlisle, Harrisburg, Mechanicsburg, York, Cumberland County, Dauphin County & York County.