The authority for regulating and prosecuting drug crimes is found in the Pennsylvania statutes at 35 P.S. Sec. 780-01 and is called “The Controlled Substance, Drug, Device and Cosmetic Act”. This is the law that covers the most oftenly prosecuted crimes of simple possession, possession with intent to deliver, and possession of drug paraphernalia. Here is the law on each:
35 P.S. Sec. 780-113(a)(16) – Simple possession is “knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner….”
35 P.S. Sec. 780-113(a)(30) – Possession With Intent To Deliver is …”the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled dangerous substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering, or possessing with intent to deliver, a counterfeit controlled substance.”
35 P.S. Sec. 780-113(a)(32) – Possession of Drug Paraphernalia is “the use of or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing. containing, concealing, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.” Note – Examples of paraphernalia are baggies, rolling papers, bongs, pipes, needles, dugouts, cutting agents, cell phones, pagers, camera film container, spoons.
At the Law Office of Basil D. Beck, I aggressively defend your rights in a simple possession or other drug case by putting the police and investigators on the defensive. I challenge the validity of search warrants and investigate how warrants are presented to the court to justify their issuance. I challenge whether the police had probable cause to “knock and talk” when they enter houses and apartments, stop and search cars, and perform personal searches on the street. If you are served with a search warrant, I will drive and meet you at your home or apartment to ensure police do not overstep the limits of a search warrant. In cases involving car stops and probable cause, I carefully review whether or not police had reasonable suspicion to pull you over in the first place. In highway stops, I identify profiling techniques and improper police procedure in conducting car searches.
My office defends people charged with the following kinds of drug crimes and drug-related offenses:
I will fight for your rights and protect your interests. To schedule a free consultation and discuss your case in complete confidentiality, contact the Law Offices of Basil D. Beck today.