Drug Sales Penalties
Pittsburgh Drug Crime Attorney
The Controlled Substances Act (CSA) was enacted by Congress as Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970. Today, the CSA is the federal U.S. drug policy in which possession, selling, manufacturing, and importing controlled substances is heavily regulated. Controlled substances (drugs) are categorized into five Schedules (classifications), and they are categorized according to the drugs addictive qualities and high potential for abuse. Within the five Schedules, Schedule I drugs are the most severe. Schedule I drugs include but are not limited to the following:
- Gamma-hydroxybutyric acid (GHB)
- MDMA (ecstasy)
- Psilocybin (active ingredient in psychedelic mushrooms)
Schedule II substances include but are not limited to: Cocaine, Opium, Methadone, Oxycodone and Morphine.
Drug Sales in Pennsylvania
Our nation has invested a great deal of money and manpower into combating America's "war on drugs." In Pennsylvania it is illegal to possess, sell, deliver, or manufacture any controlled substance without a valid license. If you are caught selling a controlled substance and if you are convicted, the state of Pennsylvania will automatically suspend your driver's license. Also, felony possession of certain substances will result in mandatory sentences for the accused. At Frank Walker Law, there are a number of legal strategies that apply to drug cases and one of them may work for you.
35 P.S. §780-113 – The manufacture, sale or delivery of a controlled substance, counterfeit substance, or other drug by a person that is not registered or licensed to sell, dispense, prescribe or possess such substances is illegal.
The penalties for selling any controlled substance that are categorized by the federal drug Schedule (I-V) classifications vary depending upon the type of drug and the quantity; however, all are classified as felonies.
Schedule I or II Substances – The penalties include up to 15 years in prison, or up to $250,000 in fines or both.
Phencyclidine; methamphetamine, including its salts, isomers and salts of isomers; coca leaves and any salt, compound or derivative of coca leaves in quantities in excess of 1,000 pounds – Felony offense, with penalties including up to 10 years in prison and up to $100,000 in fines.
Any other counterfeit substance or counterfeit substance classified in Schedule I, II or III – Felony offense, punishable by up to 3 years in prison, or a fine up to $10,000, or both.
Schedule IV Substances – Felony offense, punishable by up to 3 years in prison and/or fines up to $10,000.
Schedule V Substances – Any controlled substance or counterfeit substance that is classified in Schedule V is guilty of a misdemeanor, which is punishable by up to 12 months in jail and/or a $5,000 fine.
Pittsburgh Drug Crime Lawyer
Prior to opening his own practice, our founding attorney Frank Walker was a well-respected and accomplished associate at one of the oldest and most prestigious litigation firms in Western Pennsylvania. Since opening Frank Walker Law, our firm has garnered a reputation for being one of the most sought out criminal defense firms in the Pittsburgh area. Handling various types of drug crimes is one of our fortes, and one area of practice that we take very seriously. If you are facing charges for sales, then you have no other choice but to secure an aggressive defense attorney.
Should you decide to go with our firm, we will investigate every single aspect of the case including whether or not your constitutional rights against unlawful searches and seizures was violated. We will look into the facts of your case and closely evaluate whether or not law enforcement lawfully detained you, and whether or not they had probable cause to search you and your possessions. We will also question the tactics, procedures and other methods used to gather evidence against you.
Exercise Your Constitutional Rights
Keep in mind that as a suspect in the criminal justice system, you have certain rights and you must use them. It's absolutely critical that you exercise your right to remain silent and your right to a criminal defense attorney because anything you say can and will be used against you, and one of your greatest rights is the right against self incrimination.
We cannot stress enough how important it is to have a private criminal defense attorney fighting in your corner. As your legal representative, we will aggressively search for any potential holes and flaws in the prosecution's case and we will exploit them. Sometimes the smallest detail or error can be the one thing to set you free; however, it takes a skilled, compassionate and dedicated attorney to meticulously comb through all the evidence and at our firm, we are prepared to go all the way for you. To discuss your case with someone you can trust, contact an attorney from Frank Walker Law today.