Possession with the Intent to Deliver

According to the Pennsylvania Controlled Substances, Drugs, Device, and Cosmetic Act, to deliver means to transfer or attempt to transfer something from one person to another. In Pennsylvania, you don’t have to actually succeed in the delivery of the drugs in order to face charges. You can be charged with possession with intent to deliver if you are found with drugs in your possession that law enforcement determined you intended to deliver to someone else.

In order to make that determination, law enforcement officials use a variety of factors including:

• How the drugs were packaged
• If there were weapons found in close proximity to the substances
• Unusual amounts of cash found with or near the drugs
• Equipment such as scales, bags, or containers found with the drugs
• If the amount of drugs found was too substantial to be consistent with personal use

The penalties associated with possession with intent to sell charges depend largely upon the type of drug that was involved in the offense. In Pennsylvania, each drug is classified into a schedule based on how dangerous or addictive the drug is. The schedules range from one to five, with the drugs in Schedule one being considered the most dangerous, and the drugs in Schedule five being the least dangerous. An explanation of each schedule is as follows:

Schedule I – Drugs that are highly addictive and are very likely to be abused are categorized in this schedule. Drugs in this schedule have no accepted medical use in the United States. Heroin, Mescaline, Marijuana, Synthetic drugs, LSD, and Opiates are some commonly used drugs from this schedule.

Schedule II – This schedule includes drugs that have some medical use, but have very strict limitations and restrictions due to their high likelihood of being abused. Commonly used drugs from this schedule include Cocaine, Methamphetamines, Methadone, and Opium.

Schedule III – These drugs have accepted medical uses and have a moderate potential for abuse. Anabolic steroids are the most commonly used drug from this schedule.

Schedule IV – Drugs in this schedule have many accepted medical uses and have a lower potential for abuse. Popular drugs from this schedule include Xanax, Valium, and other prescription drugs.

Schedule V – These drugs are believed to have the least potential for abuse, and have a variety of medical uses. Drugs in the schedule typically contain small amounts of opiates, as well as other active medical ingredients.

If an individual is charged with possession with intent to deliver any drug in Schedule I or II that is a narcotic drug (the product of an opiate or chemical synthesis), he or she faces up to 15 years in prison along with a fine of up to $250,000. For drugs such as methamphetamines, PCP, or cocaine, the potential punishments include up to a 10 prison sentence and up to $100,000 in fines.

For other controlled substances defined in Schedule I, II, or III, a conviction will result in up to five years behind bars and up to a $15,000 fine. If the drug is in Schedule IV, the offender can be sentenced to up to three years of imprisonment and ordered to pay a fine of up to $10,000. For drugs in Schedule V, the individual can face up to a year in jail and a fine of up to $5,000.