Heroin is an addictive substance derived from the opium poppy plant. It is commonly a white or black powder used for recreational purposes. Given the dangerous nature of heroin, anyone in State College, Pennsylvania, caught with it could face stiff penalties.
Overview of drug charges
Pennsylvania makes it illegal to have possession of any amount of controlled substances as outlined in the Controlled Substances Act. Since the Controlled Substances Act passed in 1970, many drugs have been transferred, removed or added, so it’s important to stay up to date regarding which drugs are not legal to possess.
Each state issues penalties based on its criminal law statutes regarding controlled substances, but charges commonly occur under state or federal law. Drugs are classified by schedules based on the potential for addiction, which ranges from Schedule I to Schedule V. Heroin is classified as a Schedule I drug because of its high addiction rate.
Heroin simple possession and trafficking
Simple possession means that the defendant willingly and knowingly had control over an illegal substance but only for personal use. The exception is for someone who has a license to have possession or has a legal prescription for a controlled substance.
Penalties for a first-time possession charge of 1 to 5 grams of heroin include a minimum $5,000 fine and a minimum two-year jail term. Drug trafficking, or selling and distributing illegal substances, commonly carries stiffer penalties. A first trafficking offense for heroin includes up to a $5 million fine and a maximum of five years in prison.
The charges increase for second and following offenses, and penalties could increase for first offenses based on the circumstances. For example, selling to a minor or within 1,000 feet of a church or school or within 250 feet of a recreation center in Pennsylvania could double the penalties.
Drug charges can follow the defendant around for a long time after they serve their sentence. Prosecutors are known to look for ways to increase charges, especially for defendants with a prior conviction, so the defendant needs an experienced legal team.