What is the Difference Between Drug Possession and Drug Trafficking Charges?

The main difference between drug possession and drug trafficking charges is that trafficking charges are more serious. Aside from this simple fact, there are also many other distinctions to consider. These distinctions may be particularly important if you may face either possession or trafficking charges, depending on how your case proceeds. Obviously, it makes sense to push for possession charges rather than the more severe trafficking charges. This may be something a criminal defense attorney in Lebanon, PA, can help with.

The Difference Between Possession and Trafficking May Be Only a Few Grams

While it might seem unfair, the difference between possession and trafficking charges is often just a few grams. For example, someone might face relatively light penalties for having less than 30 grams of marijuana. This is considered a “small quantity of marijuana” that leads to a maximum of just 30 days in jail. Many defendants avoid incarceration entirely for this offense, especially first-time offenders.

But as soon as police find them with 31 grams or more, they may face up to 12 months in jail. In addition, a defendant could face thousands of dollars in fines. This applies not only to marijuana, but also to all other drugs. Different quantities may represent “personal supply” for other drugs, such as cocaine, heroin, and methamphetamine.

Higher Quantities Represent an Intent to Deliver

How can a single gram lead to such higher penalties? Authorities argue that if you are carrying a certain quantity of drugs, you are probably distributing them to other people. In Pennsylvania, this is called possession with intent to deliver, or “PWID.” This might seem unfair, especially for those who simply obtain large quantities in bulk for personal supply.

Packaging May Be the Difference Between Possession and Trafficking

Aside from the net weight of the drugs, authorities in Pennsylvania may also consider packaging when considering whether to choose possession or trafficking charges. For example, police might have caught you with a quantity of drugs carefully separated into multiple baggies or packages. In this situation, prosecutors may argue that you were planning to sell these individual packages. The logic is that if you were using the drugs for personal supply, you probably wouldn’t have separated them in such a way.

How Can I Push Back Against Trafficking Charges?

To push back against trafficking charges, you might challenge the net weight of your substances. Many drugs are “cut” or “laced” with legal substances, such as flour or baking soda. These substances can be subtracted from the net weight, potentially pushing your sentence down as well. You might also challenge the chain of custody associated with the drugs or the constitutionality of your initial search/stop.

Contact Feeman Law to Discuss Drug Defense Strategies

If you’re not sure whether you will face drug possession charges or trafficking charges, consider speaking with an experienced criminal defense attorney in Lebanon, PA. These legal professionals can review your case and determine the most appropriate defense strategies. It may be possible to push your trafficking charges down to simple possession, so contact Feeman Law at (717) 273-1763 or visit us online today for more information.