How can I be charged with selling drugs when I did not receive any money?
Drug Delivery and NOT Sale
Everyone knows that it is illegal to sell drugs, but some people mistakenly believe that it is the sale and not just the delivery or giving of drugs to another person that is the criminal act. This leads people to believe that the police must have evidence that money was exchanged during a drug delivery. That is simply not the law. The law punishes the delivery or distribution of drugs and does not focus on whether or not the drugs were sold or given in exchange for money or property. The criminal charge in Pennsylvania is found called drug delivery or possession with intent to deliver. A delivery charge does NOT require that a person is actually paid or given something in exchange for the drugs. All that is required is that the person gave, meaning physically handed a drug or controlled substance to another person. Generally, the delivery of any drug, regardless of quantity, is a felony offense drug delivery in Pennsylvania.
Small Amount of Marijuana – Not Sale Exception
There is one limited exception to the general rule above IF the person gave a relatively small amount of marijuana to another person as a gift. The specific charge, found at 35 P.S. 780-113(a)(31), states that a person should only be charged with a misdemeanor drug offenses if the person possessed with intent to distribute but NOT sell or did distribute but did NOT sell a small amount of marijuana. The two critical factors are that the person did NOT sell AND the case only involved a small amount of marijuana, which means no more than 30 grams of marijuana or 8 grams of hashish. If the marijuana was sold or if larger amounts of marijuana are involved, then the proper charge is a felony offense of drug delivery under 35 P.S. 780-113(a)(30).
If you are charged with any drug offense, you should contact an experienced drug lawyer at the criminal defense law firm of JD Law in State College. Call them today at (814) 954-7622. The lawyers at JD Law check all the boxes when it comes to factors that a person should look for when hiring a lawyer.