COMING SOON!

Despite the loud and clear call for decriminalization, if not legalization, of marijuana, drug crimes remain law enforcement’s number one priority. Prosecutors, both state and federal have almost unlimited resources to prosecute people suspected of committing drug offenses. Every drug distribution offense also brings with it the possibility of the seizure of a person’s assets under state or federal forfeiture laws. For over 35 years, our attorneys have represented parties in the some of the largest drug cases in the country. Charges of narcotics trafficking, importation or distribution carry severe penalties in both state and federal court, if convicted.

Drug distribution cases can take many forms and appear in multiple forums. The cases range from diversion of controlled substances from pharmacies or wholesalers to multi-kilo shipments of cocaine and marijuana from Mexico, Columbia, Peru and other South American countries. Both the federal government and the state government have jurisdiction over these cases. The determination in whether it will be federal or state lies with the prosecuting agencies. In general, the larger multi­faceted conspiracies are tried in federal court. The smaller street corner drug sales are tried in state court. There is a myriad of statutes concerning sentencing, as it applies to drug distribution cases. In the state court, we consult the advisory sentencing guidelines promulgated by the sentencing commission. Similarly in federal court, there is a complex formula for determining where the court should begin its analysis for sentencing. There is an ever changing document called the United States Sentencing Guidelines that covers federal cases throughout the country. Whether it be a state case or federal case, these reference materials will be consulted before a sentence is imposed. The sentences can be substantial. In federal court they could amount to decades in prison. In the state court system, they are not as harsh but, none the less, serious. It is imperative that you engage an experienced, skilled criminal defense attorney to deal with these charges. Whether it be preparing the case for trial or negotiating a plea agreement, the experience and reputation of your counsel will impact the plea offers that you receive. Only from a position of strength can one negotiate. Sometimes, the case must go to trial.

The Government spends enormous amounts of money in an effort to fight “the war on drugs”. If you believe that you are being investigated for drug distribution, or if you already have been arrested and charged, you owe it to yourself to find experienced criminal defense counsel.

In April 2016, Governor Tom Wolf legalized medical marijuana in the Commonwealth of Pennsylvania. The bill allows Pennsylvania residents to obtain a medical marijuana (MMJ) identification card for the purchase and consumption of cannabis products from state licensed vendors for a prescribed medical use.  The marijuana products became available in Pennsylvania in February 2018.

Pennsylvania law currently requires that individuals who obtain medical marijuana keep their Department-issued identification cards with them whenever they possess the drug. Since officers do not have access to the state’s database for medical marijuana patients, keeping this documentation on hand is very important if encountered by law enforcement.

The law continues to evolve and we at Neff & Sedacca, P.C. stay on the cutting edge of defense for alleged criminal violations. You may also visit our BLOG to read more about various cannabis-related matters.

MEDICAL MARIJUANA & DRIVING UNDER THE INFLUENCE

Despite the legalization of medical marijuana (MMJ), Pennsylvania law still prohibits a person from operating a motor vehicle with marijuana or its chemical components, metabolites, present in the blood stream. Unlike alcohol, traces of the non-psychoactive material produced by marijuana can stay in a person’s blood system for days or weeks depending on one’s physical and physiological characteristics.

Traces of MMJ may stay in a person’s blood for days and marijuana metabolites can be detected even if someone has not ingested marijuana on the same day that they get pulled over when operating a motor vehicle.  Several states, including Pennsylvania, have established a “zero-tolerance” statute, which prohibits the operation with any amount of a Schedule I controlled substance, which includes marijuana, regardless of impairment. Therefore, that person under current law could still be subject to prosecution even without the Commonwealth having to prove actual impairment.

Individual counties across Pennsylvania vary in the enforcement of DUI and legalized medical marijuana.  For example, Philadelphia does not abide by the “zero-tolerance” standard and instead looks at the totality of circumstances when handling DUI matters involving cannabis.  Prosecutors base their decisions on a group of impairment factors and the levels of THC (the chemical responsible for the drug’s psychoactive effects) within the individual’s blood system.

As the science progresses and laws change, this information will be updated.

MEDICAL MARIJUANA & PROBATION

At the state level, the Commonwealth of Pennsylvania procedure is very clear. The Pennsylvania Board of Probation and Parole has stated that individuals under state supervision, with a valid authorization for medical marijuana, are treated the same as if they have any other valid medical prescription.

Individuals under county supervision now have certainty about their future. Prior to June 18, 2020, there was no clear answer when they produced positive drug screens for marijuana. In Philadelphia, the city’s courts and probation administrators are accepting medical marijuana cards. Even with a valid MMJ card, some counties have considered positive results as a violation of probation. Specifically, counties including Lebanon, Elk, Forest, Indiana, Jefferson, Lycoming and Northampton have banned medical marijuana for those on probation.

This matter was finally decided by the Supreme Court of Pennsylvania on June 18, 2020 in the matter of Gass v. 52nd Judicial District, Lebanon County. The Pennsylvania Supreme Court held that a valid medical marijuana cardholder is afforded to the immunity afforded by the MMA and therefore the cardholder’s probation cannot be violated and a penalty imposed if he/she is found to have consumed MMJ pursuant to the Act and a validly-issued medical marijuana card.

As the laws change, this information will be updated.

EMPLOYMENT & MEDICAL MARIJUANA

Individuals with a Department-issued medical marijuana card have protections regarding their employment.  The Commonwealth of Pennsylvania Medical Marijuana Act makes it unlawful for an employer to “discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee’s compensation, terms, conditions, location or privileges solely on the basis of such employee’s status as an individual who is certified to use medical marijuana.” In other words, one cannot be terminated from their place of employment.

However, employers have rights in the workplace and do not need to make accommodation for medical marijuana use on the premises.  They may also discipline workers for being under the influence and/or if their performance is impacted in such a way that it is below standard for the position.

As the laws change, this information will be updated.

COMING SOON!