There is a very big difference between a drug user and a drug dealer, and a very big difference between a person being arrested for possession of a drug and being arrested on a drug charge of intent to sell. Police and prosecutors alike are likely to see possession as a minor issue. If they believe that a person in possession of a small amount of drugs is an addict, they may refer them for treatment or rehabilitation, or simply charge them with a misdemeanor. However, when that individual is in possession of a quantity of drugs viewed as too much to be for their own use, they are much more likely to be charged with intent to sell or intent to distribute.  The penalty for this type of drug charge is much more serious. It will require representation in court, command a higher bail and if convicted will result in a much longer sentence.

When police arrest you for possession with intent to sell, the prosecution will need to prove the case based on the circumstances of the case. If you were caught in the act of selling or distributing drugs, the case is much easier for them to pursue. But if you were simply found to be in possession, prosecutors will rely on the quantity of drugs you possessed in order to prove their case. Below you will find the state of Pennsylvania’s guidelines regarding quantities indicative of intent to sell for different types of drugs, as well as the minimum sentence imposed if found guilty of the drug charge.

• Marijuana – Two pounds to less than ten pounds commands an intent to sell drug charge, and results in one year in prison for the first conviction and two for a second conviction.
• Methamphetamine – Five grams to less than 10 grams commands an intent to sell drug charge, and results in three years for the first conviction and five years for a second conviction.
• Cocaine – Two grams to less than ten grams commands an intent to sell drug charge and results in one year for the first conviction and three years for a second conviction.
• Heroin – One gram to less than five grams commands an intent to sell drug charge and results in two years for the first conviction and three years for a second conviction.

If you have been arrested on a drug charge and need legal representation, we are here to help. Contact us today to set up a time for a meeting.