How can I be charged with selling drugs when I did not receive any money?
Drug Delivery Charges in Pennsylvania – No Sale Required
While most people understand that selling drugs is illegal, many mistakenly believe that money must exchange hands in order for someone to be charged with a crime. That is simply not true under Pennsylvania law.
In Pennsylvania, it is a felony offense to deliver or distribute a controlled substance, regardless of whether the transaction involved payment or profit. In other words, you can be charged with a felony drug delivery offense even if you gave the drugs away for free.
Delivery Does Not Require Sale Under Pennsylvania Law
Under 35 P.S. § 780-113(a)(30), Pennsylvania law prohibits the delivery or possession with intent to deliver any controlled substance. The law does not require that drugs be sold or that money be exchanged. The only requirement is that the defendant transferred drugs to another person—even a friend, even as a gift.
This means that handing drugs to someone else is enough to support a felony drug delivery charge, regardless of the amount or whether there was any financial gain.
Exception: Small Amount of Marijuana Transferred as a Gift
There is a narrow exception under Pennsylvania law when it comes to giving away small amounts of marijuana. If a person:
Gives (does not sell)
A small amount of marijuana
To another person
…then the charge may be classified as a misdemeanor, not a felony.
The relevant statute, 35 P.S. § 780-113(a)(31), applies only if:
The marijuana involved is 30 grams or less, or
The hashish involved is 8 grams or less, and
There is no evidence of sale or intent to sell
If the marijuana is sold or the amount exceeds the legal limit, the person may face felony charges under section (a)(30), regardless of the context.
Facing Drug Charges? Call an Experienced Pennsylvania Drug Defense Lawyer
If you or someone you know is facing charges related to drug delivery, distribution, or marijuana possession, you should speak with a knowledgeable criminal defense attorney immediately. These charges can result in severe penalties, including felony convictions, jail time, fines, and a permanent criminal record.
At JD Law, our attorneys have decades of experience defending clients charged with drug offenses in Pennsylvania, including delivery of marijuana, cocaine, heroin, meth, and prescription medications. We understand how prosecutors handle these cases, and we know how to build a strong legal defense to protect your future.
For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.