Adderall is a Schedule II controlled substance regulated by the federal Controlled Substances Act. A schedule II drug is accepted for medical use but also entails a greater potential for abuse and a substantial risk of addiction. The federal government enforces strict regulation over the manufacturing, distributing, and possession of such drugs. Therefore, if you are found with the possession of Adderall without a valid prescription, you will be liable to criminal charges.

Following are some of the deadly circumstances with respect to Adderall which you can face legal entanglements. Take a look.

• During a traffic pull-over, the law enforcement officials search your vehicle and find a bottle of Adderall pills with another person’s name on it
• You have been found to be possessing the Adderall pills for any friend
• You have been found being involved in the selling of Adderall to another person
• You have been found with a large amount of Adderall drugs without a justified excuse or reason
• You have forged a prescription for Adderall
• You pretended to be a doctor or nurse and called in your own prescription for Adderall
• You altered a doctor’s prescription for Adderall
• You “doctor shopped” to find one who would write you a prescription for Adderall.

So, if you also have been accused of a drug crime in relation to illegal possession of Adderall, with or without an intention to sell it, you must resort to an experienced and qualified Pittsburgh DUI lawyer. Drug-related crimes have extremely severe consequences that entail potential imprisonment for a substantial period of time, a permanent criminal record, and hefty penalty fines, which will be a major hindrance for your smooth life. If you opt for a credible, adept, and smart criminal defense attorney, then there are greater chances of you qualifying for the drug diversion program which can prevent you from going to jail. And since every case is unique, you must get a consultation with your lawyer with regard to your predicament specific to your particular situation.

You must understand that the drug-based crimes are thoroughly investigated, strictly prosecuted, and harshly punished if proven guilty, especially in Pennsylvania. If you have an experienced and credible criminal attorney in Pennsylvania, you can explore and come to better understand these legal complexities much better. Otherwise, if you are found guilty, you can be subjected to punishments like penalties up to $5,000.00 or up to 1 year of imprisonment, or even both. For the 2nd time or the subsequent offenses and convictions, you have to pay a fine of up to $25,000 and jail time of 3 years, or both.

The right Pittsburg criminal lawyer will help you avoid such deadly consequences by enabling you to fight the charges against you or negotiate with the prosecutors to help you enroll for a drug diversion program instead of imprisonment.

Many people find themselves using Adderall who don’t necessarily need it. Professional athletes, students who need to pull an all-nighter to study, and many others turn to this drug to help them increase their performance. However, due to the tendency of people to become addicted, Adderall is a restricted drug. Do yourself a favor and skip this one.

In Pennsylvania, possession of 30 grams of marijuana or less is a misdemeanor punishable by 30 days in jail and/or a $500 fine.

Possession of more than 30 grams of marijuana is a misdemeanor with a maximum penalty of one year in jail and/or a $5,000 fine.

Those charged with a first-time possession of marijuana charge may be eligible for conditional release, which means the person would be sentenced to probation for as long as a year as opposed to being forced to serve jail time. A Pennsylvania criminal defense attorney can help you seek the most appropriate resolution of your case under the circumstances.

Second or subsequent convictions may be punishable by a double jail time and/or fines.Sale or Distribution of Marijuana

Distribution of 30 grams or less of marijuana in Pennsylvania for no for personal use is a misdemeanor that is punishable by as many as 30 days in jail and/or a fine of up to $500.

The sale of less than 1,000 pounds of marijuana in Pennsylvania is a felony punishable by up to three years in jail and/or a $25,000 fine. For those with a prior drug conviction, the mandatory sentence is three years, and the mandatory fine is $25,000.

It should be noted that the courts are authorized to increase the fines beyond that maximum.

The sale of two to 10 pounds of marijuana in Pennsylvania carries a mandatory minimum sentence of one year in jail and/or a $5,000 fine.

However, it should be noted that these penalties are doubled if the conviction is a second or subsequent drug offense, or if the defendant sold to a minor. You should consult a Pittsburgh criminal defense attorney if you are facing enhanced penalties.

Sale of more than 1,000 pounds of marijuana in Pennsylvania is a felony with a maximum penalty of 10 years in prison and/or a $100,000 fine.

These penalties are doubled if the conviction is a second or subsequent drug offense or if the sale is to a minor.

Delivery of marijuana within 1,000 feet of a school, or within 250 feet from a playground is punishable by two to four years in prison.

If you are 21 years old or older and you sold marijuana to a minor, the offense is a felony, and penalties are doubled if convicted.Cultivation

Possession of 10 to 21 marijuana plants is a felony – an offense that may be punishable by a mandatory one-year sentence and/or a $5,000 fine. If the conviction is a second, third, or further offence, the penalty may be multiplied by a factor of two.

Possession of 22 to 51 marijuana plants is a felony that may be punishable by a mandatory sentence of three years in jail and/or a fine of $15,000. If the defendant has been previously convicted of this offense, the penalty could be doubled. However, a Pennsylvania marijuana crime attorney can help you try to minimize the consequences.Hash & Concentrates

In Pennsylvania, possessing less than 8 grams of hashish or marijuana concentrate is a misdemeanor punishable by a fine no greater than $500 and/or a jail sentence of more than 30 days. Possessing more than 8 grams is a misdemeanor punishable by a fine no greater than $5,000 and/or a jail sentence of no more than one year.

Manufacturing hashish or concentrates is a felony that carried a fine of no more than $15,000 and/or a jail sentence of no more than five years. Subsequent convictions are punishable by a fine of no more than $30,000 and/or a term of imprisonment no greater than 10 years.Paraphernalia

Possession and sale of drug paraphernalia in Pennsylvania are both misdemeanors that carry a penalty of as much as one year in jail and/or a fine of no more than $2,500. Delivering paraphernalia to a minor who is three or more years younger than the accused offender is a second-degree misdemeanor that carries a penalty of as many as two years in jail and/or fine of as much as $5,000. A marijuana crime lawyer in Pennsylvania can help you raise any of the defenses that may apply in your case.

If you are facing marijuana charges, call Pittsburgh’s best criminal defense attorneys to help you. Logue Law Group offers free consultations. 412.387.6901 or 412.387.6901. We may be contacted online here. We serve Pittsburgh and its surrounding areas, including West Virginia and Ohio.

The general conception of drugs involves substances such as cocaine, methamphetamine, crack, or heroin but the world should emphasize more on the prescription drugs instead of on-street narcotics as these are abused at greater rates.

The reports by the CDC claim that there has been an increase in the sales of the prescription drug in the United States since 1999. But this is due to the aggressive method of marketing on the part of the pharmaceutical industry, especially with respect to direct-to-consumer pharmaceutical advertising (DTCPA). And in accordance with the recent profile of CDC about the Pennsylvania prescription drugs overdoses for 2010, the rate is a little higher than the national average rate. Moreover, close to 3 quarters of all prescription drug deaths in the U.S are due to opioids, which are prescribed pain-killers.

In an effort to curb overdose deaths, various laws strictly regulate the circulation and usage of prescription drugs in Pennsylvania and throughout the United States. At the federal level, prescription drugs are governed by the Federal Food, Drug, and Cosmetic Act (21 U.S. Code § 301 et seq.). In particular, 21 U.S. Code § 829 governs the legality of prescription drug use based on the way such substances are scheduled by the Drug Enforcement Administration, or DEA.

A number of stringent laws have been passed, regulating the circulation and the usage of prescription drugs in and around Pennsylvania and across the U.S in order to deal with these overdose deaths. Every drug is scheduled in accordance with 1. The acceptable medical usage of the drug, 2. The abuse or dependency potential of the drug. Lower the schedule number of the drug will be, the more stringent the violation penalties will be. We have gathered a few instances here. Take a look.

According to the 21 U.S. Code § 829 at the federal level:

Generally, drug crimes are prosecuted by the state, although there have been circumstances with respect to federal drug trafficking according to which it is possible to prosecute such cases on the federal level too. The prescription drug laws are consolidated under Controlled Substances, Drugs, Device, and Cosmetic Act 1972 in Pennsylvania. And prescription medications are particularly dealt with Section 11 of this Act.

The parts a, b, and c mentioned in Section 11 reflect the provisions of 21 U.S. Code § 829 about those who might dispense such prescribed medications, and how often, if at all, these can be consumed again. Moreover, Section 11(f) also includes the below-mentioned text to be printed on every medication’s label:

“Transfer of this drug to anyone other than the patient for whom it was prescribed is illegal.”

Giving your kids medicine is not illegal, nor is carrying your medicine with you. If either of these things is the root of your arrest, you need to call a Pittsburgh criminal defense attorney immediately.

The penalties that come with prescription drug charges are based on what specific drug you are accused of sharing. Some come with fines in the thousands of dollars and years in jail.

So, this puts forth better clarity that both the state and the federal laws put a ban on the sharing, sale, distribution, as well as illegal possession of prescription medications or drugs, and even if these were legal. If you find someone who got arrested for prescription drug charges in Pittsburgh or elsewhere in Pennsylvania, you need to find an efficient, experienced, and skilled criminal attorney to be by your side at such tumultuous times. Get in touch with a Pittsburgh criminal lawyer today.

The pardon is the first step of expungement in the county where it is charged. When someone files for pardon, the state gives this as if the offense was never there. However, a petition needs to be filed with the help of Pittsburgh criminal lawyer for starting the expungement process. This process will lead to the complete removal of the case from the individual’s record.

While the majority of Pennsylvania considers possession of marijuana as a misdemeanor, places like Harrisburg and Philadelphia look at it as a summary offense as they have already decriminalized it. However, in this case, expungement of a misdemeanor only happens in two ways, if the convicted is more than 70 years or old or already dead. The offense of possessing marijuana in a small amount was not eligible for expungement until this pardon was granted.

With the introduction of expedite process by Governor Wolf and Board of Pardons Chairman Lieutenant Government Fetterman, it takes immediate effect for people with marijuana offenses including misdemeanor possessions to felony possessions. People don’t have to wait for two and a half years. The case can get expunged in one year or less. A special stream of marijuana cases application has been created by the Board of Pardons for a faster process. Though till 2019, the process of pardon was taking care of the backlogged cases, from 2020 it has taken up speed. Also, the Board of Pardon has made the application process free by waiving the previous fee of $63.

At the same time, the Clean Slate Bill came into effect which seals the marijuana misdemeanor records automatically without the convicted people filing any petition with the court. However, for this, the convicted people will have to wait for 10 years, will have to remain conviction and arrest-free.

The eligibility factors for the pardon are as followed:

• Possession of a small amount of marijuana for personal use or intent of distribution but not for sale
• Paraphernalia related offense involving marijuana including, delivery, possession, and unlawful promotion
• Marijuana-related DUI if the offender is a marijuana cardholder from the Commonwealth of Pennsylvania
• Felony involving marijuana
• Any cases where the Board of Pardon thinks the offender deserved to be pardoned

If your case involves one or many of these eligibility factors, you can apply for the pardon in Pennsylvania.

If you are looking for more information about this and want to file a pardon for your past marijuana offense, then connect with our Pittsburgh criminal lawyer now. At Logue Law Group, we are helping many people getting this pardon. You can get help too. Connect now.

Two separate but related indictments were returned yesterday by a grand jury. The investigation had lasted almost two years and was conducted by various agencies. Charges included money laundering, firearms crimes, drug trafficking, and financial structuring.

During a news conference at the U.S. courthouse in Pittsburgh, Scott Brady, U.S. Attorney for the Western District of Pennsylvania, said that this was one of the largest cocaine organizations in Western Pennsylvania’s history. It spread clear across the country, from Pittsburgh to Los Angeles and Atlanta, and had sources connected to Mexican cartels.

The cocaine was distributed throughout Fayette, Washington, Allegheny, and Westmoreland Counties.

Many of the investigation’s details are not public. Brady, when asked how authorities believe all the people charged were from the same network, stated that the investigation used many investigative methods, including wiretaps and traditional methods. He said that all the people charged came to the authorities’ attention via the investigation.

Many of those charged were from Washington and parts of the Mon Valley. Almost all have been arrested, though authorities are still searching for one man: Todd Moses, age 33, formerly of Donora and now of Atlanta.

Two brothers—Deaubre Lightfoot, age 27, of Monessen and Jamie Lightfoot Jr., age 25, of Verona—are identified as leaders of the operation. Their father, Jamie Lightfoot Sr., age 46, has been charged with helping in the ring from federal prison in Loretto. He is serving time there on previous drug charges. The supplier for the operation was Don Juan Mendoza, age 38, of Lawrenceville, Georgia.

One of the women charged was a teacher at Ringgold Elementary School. The U.S. Attorney asked for a $25,000 unsecured bond for her and twelve other defendants at a preliminary hearing. The district denied her further access to school property.

The Lightfoot brothers were in custody prior to the indictments, having been arrested after their homes were searched in late 2017. Allegedly, 52 kilograms of cocaine, a handgun, 85 pounds of marijuana, and an AK-47 were seized from Jamie’s home, along with an RV. Deaubre’s home and the homes of the others were searched the following month.

Others indicted were:

• Quentin Vaden, Washington, 35
• Malik Lawson, Donora, 22
• Douglas Cochran, Washington, 39
• John Duchi, Jr., Donora, 29
• Chace Johnson, California, 19
• Brett Finick, former of Belle Vernon, 43
• William Shaw, Jr., Brownsville, 33
• Edward Alford II, Donora, 30
• Devon Bell, Brownsville, 25
• Anthony Crews, Monessen, 44
• Herbert Sheppard, Monessen, 44
• Michael Tirpak, Elizabeth, 35
• Adam Farabaugh, Canonsburg, 28
• Regina Davis, Donora, 48
• Robert Margoni, New Eagle, 28
• Brandon Thomas, Donora, 38
• Renee Kinder, Donora, 45
• Tyler Mucci, Monongahela, 31
• Ricky Pietroboni, Monongahela, 40

Eleven firearms, including an AK-47 and a handgun, and more than $1 million in cash were seized, in addition to the large quantities of heroin and cocaine and 85 pounds of marijuana. Some of the items seized were done so in previous searches of the Lightfoot brothers’ homes and those of others.

The Pennsylvania State Police, the FBI, and local police departments, including Elizabeth and South Strabane, carried out the investigation. It was funded by a federal task force.

Brady noted that cocaine has made a “disturbing trend” of coming back to the region, and pointed out that many people are overdosing on a combination of fentanyl and cocaine.

These folks are facing some very serious charges. This is one of the biggest, if not The Biggest, drug busts that I can remember. The government is cracking down, folks. It’s time to rethink your life if you are involved in the drug trade. The federal authorities are not people you should be blowing off. I guess all the criminal defense attorneys in the area will be reading up on case law this weekend!

Accused is Marios Papachristou, age 43, of Hampton. He has been charged with 46 counts of illegally distributing Vicodin to two people who didn’t need it.

He is facing additional charges of fraud, for submitting fraudulent bills to UPMC’s Health Plan so they would pay for the fake prescriptions he wrote over the last four years.

The attorney representing Dr. Papchristou would not comment on the case. However, he indicated in papers filed in court that the doctor plans to plead guilty and waive a grand jury indictment. He will go before U.S. District Judge Arthur Schwab on May 3.

Papachristou is the second radiologist to be charged with this crime. Omar Almusa, age 45, of Shadyside, is facing 88 counts of writing prescriptions for Vicodin for people with no medical need for it.

On March 1, both men were charged by UPMC police with offenses related to the distribution of Vicodin and conspiracy. Both were fired from their jobs; the investigation was referred to the U.S. attorney’s office.

These cases are the result of a push in the district to go after members of the health care profession who contribute to the opioid crisis by passing out pills and defrauding insurance programs. Attorney Jeff Sessions announced last August the creation of the Opioid Fraud and Abuse Detection Unit to investigate these cases.

There have been other similar cases where health care professionals were charged federally. Dr. Andrej Zielke, age 62, of Hampton, used to operate Medical Frontiers out of the Richland Mall. He is charged with running a pill mill.

Christopher Handa was the most recently charged medical professional. He was charged in federal court three days ago with illegally distributing suboxone, a drug used to treat narcotic addictions. Handa is the operator of an opioid clinic in Washington County. He has additional locations in West Virginia.

The case involving former UPMC employees began in February, when the medical network received a complaint about Dr. Almusa prescribing painkillers to people who were not his patients. The criminal complaint against him says that one of the three people to whom he prescribed nearly 6,000 pills was Dr. Papachristou’s wife.

The complaint against Dr. Papachristou says he prescribed, to two people, a total of 3,600 pills between January 1, 2016 and February 20, 2018.

The federal charges only say that Dr. Papachristou prescribed the pills to two people from 2014 to 2017, and that he sent in fake bills to UPMC from 2014 through March 2018.

Dr. Papachristou and his friend, Dr. Almusa, were both sent to federal prison for two years in May 2018 and ordered to pay $15,000 fines. Both indicated that they were motivated by addictions, Papachristou’s resulting from a kidney infection in 2006.

Almusa wrote prescriptions for Vicodin in Papachristou’s wife’s name. Sara Papachristou shared the pills with her husband. Papacristou did the same for a friend and a relative of Almusa’s, who split the pills with him.

Papachristou asked for probation instead of jail time, a request that was denied. He went through rehab before he was investigated and arrested and has expressed remorse. The prosecutor, however, insisted that Papachristou and Almusa are part of Western Pennsylvania’s opioid problem and that more than just they were harmed.

Federal drug charges are serious crimes. These doctors face high fines and long prison sentences. They’ve already lost their jobs, and likely will never again work in the health care industry, in their chosen profession or in any other aspect of it. Their reputations are ruined, and they and their families must face their neighbors and friends with this made public. It’s never worth it, folks.

“Releasing this information puts these state employees at personal risk for harassment or worse, and the regulations specifically protect this information, as best practices from other states support insulating these state employees from outside influence or harassment,” the Health Department said in a statement Friday afternoon. “These highly vetted employees, all issue area experts, worked to ensure that the department chose the best companies to provide relief to children and others in need of this medicine.”

In August, the state Office of Open Records ruled the Health Department had to disclose the names of members of the panel after a PennLive reporter filed a Right-to-Know request seeking the names, job titles and departments of the individuals on the panel. DOH appealed that ruling Friday to Commonwealth Court.

This summer, the identities of 27 medical marijuana dispensaries and 12 growers across the state were released by the Health Department.

The state received 280 applications for dispensary permits and 177 applications for grower/processor permits.

Gov. Tom Wolf signed a medical marijuana bill into law in April 2016.

Under state law, patients can apply for a state-issued medical marijuana card if a doctor confirms they suffer from one of 17 qualified medical conditions. The list includes multiple sclerosis, epilepsy, seizure disorders, and cancer.

The program is expected to be up and running by mid-2018.

Potential growers had to pay a nonrefundable application fee of $10,000; pay a permit fee that cost $200,000 and was refundable if the permit was not granted; and show proof that they had $2 million in capital.

Dispensaries had to pay a nonrefundable $5,000 application fee; submit a $30,000 permit fee, which was refundable if the permit was not granted; and show proof of $150,000 in capital.

Last week, health department officials dismissed chatter about medical marijuana growers trying to sell licenses to other companies, noting that such an action has to be approved by the Pennsylvania Health Department. One company who was denied a license has sued, claiming the department showed favoritism and bias. The fact that the marijuana advisory board is secret lends credence to the claims, at least in the minds of those who have sued.

Pennsylvania’s Right to Know law requires transparency in such situations; by keeping the identity of the board members and their votes on the licensing secret, the health department is in violation of that law. The company behind the lawsuit has asked that all licenses be revoked and that the process begin all over, with the proper transparency this time.

Those who have fought to get marijuana legalized are alarmed at the lawsuit. They fear it will hinder the implementation of the program, which they say is vitally needed.

Note: The medical conditions mentioned in the article above are defined in the law as severe, debilitating, or life-threatening, and include the following:

• Cancer
• HIV/AIDS Positive
• ALS
• Parkinson’s Disease
• Multiple Sclerosis
• Epilepsy
• Inflammatory Bowel Disease
• Neuropathies
• Huntington’s Disease
• Crohn’s Disease
• PTSD
• Intractable seizures
• Glaucoma
• Sickle Cell Anemia
• Autism
• Ulcerative Colitis
• Damage to spinal cord nervous tissue with “objective indication of intractable spasticity”
• Severe chronic or intractable pain of neuropathic origin or in which opiate therapy or conventional intervention is not advised/ineffective

Medical marijuana can only be dispensed in certain forms. No plants or dry leaves qualify. Instead, it can be in pills, oils, gels/creams/ointments, liquid, tincture, or vaporization/nebulization.

In April of 2017, a proposal was introduced to form a registry of physicians, online, to make it easier for patients who qualify for medical marijuana to locate doctors who are able to recommend it. Doctors do not have to participate in the medical marijuana program, nor in the registry. If a doctor does decide to register, he or she must go through a four-hour long training course.

Source:

• Trib Live
• MarijuanaDoctors.com

For those just getting caught up, the Pennsylvania Senate passed the bill 40-7 last week. The bill itself would allow edible forms of marijuana, as well as vaporization for patients who need it to treat cancer, seizures, Crohn’s Disease, chronic pain, and more, so long as those folks get the cannabis from a licensed and regulated dispensary.

But then it hit the state House. And promptly began to flounder.

The reason? State Rep. Matt Baker, a Republican serving Tiago County, as well as parts of Potter and Bradford counties, who chairs the House Health Committee. Mr. Baker is against the idea of approving any drug without the okay of the federal government.

Rep. Baker on Friday said he has no plans to allow his committee to consider the Senate’s medical marijuana bill (or any bill that would allow pot for medical reasons). Baker says that the legislature in this great state has never approved a drug without it first going through the approval process of the Food and Drug Administration. He claims that the position of the Pennsylvania Medical Society is identical to his.

There is another representative who is trying to draft a separate bill, one that might be able to circumvent Baker’s committee.

Democratic Governor Tom Wolf supports the use of medical marijuana and its legalization.

While I am following this issue as a Pittsburgh Criminal Defense Attorney who has handled an awful lot of DUI cases (some of which had nothing to do with alcohol and everything to do with a blood test that police said indicated marijuana was present), others are following it because they know patients that could benefit from the legalization of the plant, some of whom are children.

Many of those people, and advocates of medical marijuana, have inundated Mr. Baker’s Facebook page, demanding action be taken on the bill. All I know is, I will be following the news and bringing you updates often. I’ve said it once, and I’ll say it again now: Marijuana DUIs are the next wave in DUI law. We’ve seen special “training” for so-called Drug Recognition Experts (a type of junk science if there ever was one), as well as technology that would allow police to determine if a driver is too high to drive by using breath and saliva tests.

And I want to be ready to help defend my clients. If you face any issues regarding this matter, then immediately contact an experienced and tenacious Pittsburgh Criminal Defense Attorney like me.

Update: August 31, 2017

Pennsylvania’s Medical Marijuana Program was signed into law on April 17, 2016. Full implementation is expected no later than April 2018.

Medical marijuana growers, producers, and dispensaries began to complete applications made available to them in January of this year. The Department of Health has created a set of temporary rules for overseeing all the participants, including practitioners. The tracking of the plants, from seeds to sales, will be undertaken by MJ Freeman, who was awarded a contract for this service. Physicians have been able to complete the Department’s Physician Registry since July 26th, as the first step toward participation in the program.

Thus far, 27 dispensaries and 12 growers/producers have been granted permits to take part in the program. The Departments has also built the Medical Marijuana Physician’s Workgroup, which is the website where potential participants can go to complete the application process.

If you are under a doctor’s care and being treated for a serious condition, you may qualify to receive medical marijuana as a form of treatment.

Source: Pennsylvania Medical Marijuana Program

Update: May 15, 2019

Doctors are considering adding Tourette’s Syndrome and anxiety to the list of conditions treatable with medical marijuana.

Source: 3 medical marijuana changes being considered in Pa.

Here’s the long and short of it: The bill, which is known politically as SB 3, would allow edible forms of marijuana and vaporization – but not smoking.

Patients would have to get the cannabis from a licensed and regulated dispensary. No, they may not grow their own plants according to the legislation verbiage. Yes, patients younger than 18 would need parental consent.

As we discussed yesterday, the conditions that qualified to be treated via medical marijuana were expanded a bit to include cancer, seizures, Parkinson’s disease, multiple sclerosis, severe fibromyalgia, HIV/AIDS, glaucoma, Crohn’s disease, diabetes, and chronic pain.

So what happens now? We wait until the bill reaches the House floor for consideration. If you recall, the Senate passed a similar bill last year, but it was never brought to a vote in the House.

And just so we are all on the same page: Gov. Tom Wolf said he would be supportive of a bill legalizing medical marijuana in Pennsylvania. While I am an admitted news junkie, my interest in this entire subject is driven by my want to be a better lawyer to the clients who trust me to represent them in Pittsburgh criminal defense matters – and so much of the time, that includes DUI charges.

I’ve spoken at length with folks who believed they were doing nothing illegal when they took a medication prescribed to them by a doctor for a legitimate medical reason, only to be pulled over and charged with a drug DUI.

If you have been levied with marijuana-related charges, it means you are being suspected either for trafficking or cultivation of it. You must immediately resort to the competent and reliable services of an experienced criminal defense lawyer who can bail you out of this grave situation with the help of some crucial strategies.

For instance, if the evidence gathered by the prosecution involves a violation of your fundamental rights, an illegal traffic stop or a warrantless search of your home, this evidence cannot be used against you in the trial, and it might be possible to dismiss all the charges against you. It might also be possible to prove that you were not aware of any such possession of marijuana or that the possession was not with an intention to distribute. You should contact a reputable Pittsburgh Criminal Lawyer immediately so that there is no delay in the proceedings.

If all the evidence points at you and there is no possible way to emerge victorious at the trial, your lawyer can negotiate with the prosecutor so that you can receive a conviction for a less severe offense in exchange for not going to trial. Finally, if the jury finds you to be guilty, s/he can also plead to the judge on your behalf in hopes of getting a lesser sentence. A Pittsburgh Criminal Lawyer who has dealt with these kinds of cases should be contacted for the best results.

And I’ve long said: marijuana DUIs are going to be the next big thing in DUI enforcement (again, we will get into Drug Recognition Experts another day).

Source: WNEP

Update May 20, 2019

Anxiety and Tourette Syndrome are now being discussed with an eye to adding them to the list of conditions eligible to be treated with medical marijuana.

Dr. Rachel Levine, State Department of Health Secretary, said that the two conditions were approved by the medical marijuana advisory board back in February, but that she has not yet signed off on it. She plans to do that sometime this summer. She’s still looking at the literature and reviewing the ways in which medical marijuana can treat the conditions. The addition of these two medical conditions will bring the total number of them that are eligible for the treatment to twenty-three. 

Source: Pennsylvania Real-Time News: “Medical Marijuana Update: Anxiety Could be One of Two New Conditions Qualified to be Treated with Cannabis in PA.”

According to media reports, the Senate made some changes to the pending bill on Monday, which would allow for more medical conditions to be treated with marijuana – including chronic pain, Crohn’s Disease, and diabetes.

The bill would also allow for vaporization to be used as a method to treat everything from cancer to Post Traumatic Stress Disease and seizures.

No, marijuana will not be prescribed to smoke; it would be prescribed as an oil instead.

So what happens if the state Senate passes the bill? It goes to the state House for reconsideration (they failed to pass the original version of the legislation during last year’s term).

Then, if the House should pass it? That’s when it goes to Gov. Tom Wolf’s desk for his John Hancock. He’s gone on the record saying he would support legalization of medical marijuana.

Why should you care? Well, as a Pittsburgh criminal defense lawyer who does a high volume of DUI work, people should know that even if a drug is medically dispensed, if a police officer pulls you over for unsafe driving and it’s in your system, guess what? You could be charged with DUI. Generally, a Pittsburgh Criminal Lawyer deals with these kinds of cases quite frequently.

But as I’ve long said: This Pittsburgh criminal defense attorney believes that marijuana DUIs will be big business in the state, especially given the training police officers are already receiving to become so-called Drug Recognition Experts.

And because of that, I, being a Pittsburgh Criminal Lawyer, look forward to following what happens with Pennsylvania’s medical marijuana bill so I can be a better advocate for clients – both current and future.

Source: Vote on Medical Marijuana Expected in Pa. Senate Tuesday

Update: August 30, 2017

Pennsylvania’s Medical Marijuana Program was signed into law on April 17, 2016. Full implementation is expected no later than April 2018.

Applications for medical marijuana growers, producers, and dispensaries became available in January of this year. The Department of Health has come up with a set of temporary regulations governing everyone involved in the process, including practitioners. A contract was rewarded to MJ Freeman for tracking the pot from seeds to sales. As of July 26th, physicians can complete the Department’s Physician Registry as the first step toward participation in the program.

So far, 27 dispensaries and 12 growers/producers have received permits to participate in the program. The Departments has also created the Medical Marijuana Physician’s Workgroup, which is the website where doctors, growers, and other potential participants in the program can go to complete the application process.

If you are under a doctor’s care and being treated for a serious condition, you may qualify to receive medical marijuana as a form of treatment.

Source: Pennsylvania Medical Marijuana Program

Update: May 20, 2019

Two additional conditions are expected to be added to the list of medical conditions that are allowed to be treated with medical marijuana. The medical marijuana advisory board approved Anxiety and Tourette Syndrome in February, but the State Department of Health Secretary has yet to sign off on it. Dr. Rachel Levine is still reviewing literature about the ways cannabis can help the two conditions and how to use it to treat them. She has said she will sign off on it this summer. The additions will bring the list to twenty-three.

There has been criticism of the advisory board for how it has handled police officer training. Currently, there has been no training provided to teach officers which products have been legally produced and how they can identify the packaging of legal marijuana.

Source: Pennsylvania Real-Time News: “Medical Marijuana Update: Anxiety Could be One of Two New Conditions Qualified to be Treated with Cannabis in PA.”

We talked a lot about a marijuana breath test that is in development. Most recently, I wrote about the so-called Cannibuster – a device in the works that would allow police officers to ascertain if THC (the chemical component in weed largely responsible for the drug’s psychological effects) is present in a driver’s system using only a saliva sample.

Why have I been talking and writing about these marijuana-centric topics?

Because as a Pittsburgh criminal defense attorney who handles a ton of DUI law (and some of those, indeed, are not related to alcohol, but marijuana and/or other controlled substances), I foresee marijuana DUIs as the new frontier in driving-under-influence prosecutions.

Unless you’ve been living under a rock, you know that in parts of our country (I’m looking at you, Colorado), marijuana has been legalized for medical and/or recreational use.

But for those interested: Have you been keeping tabs on the movement to legalize medical marijuana in Pennsylvania?

Here’s the skinny: Sens. Mike Folmer and Daylin Leach just last month reintroduced legislation that would allow some patients to treat their medical conditions with cannabis.

The Senate Bill is modeled after the Compassionate Use of Medical Cannabis Act of 2014, which passed the Senate in a 43-7 vote.

According to marijuana reform advocates, if this legislation passed in its current state, it would leave most patients behind because of its limited list of qualifying conditions. It should be noted that both vaporizing and smoking cannabis would be forbidden.

However, if the bill is approved (even with those restrictions in place), this Pittsburgh criminal defense attorney predicts there could be a spike in the number of marijuana-related DUIs in the state.

Because here’s the thing: A drug is not safe to ingest and then drive, even if a doctor prescribes it. I’ve had clients who took pills prescribed to them by a medical doctor only to be pulled over and charged with DUI and being incapable of safe driving.

Just some food for thought as Pennsylvania continues to discuss the pros and cons of legalizing medical marijuana.

Update: August 31, 2017

Pennsylvania’s Medical Marijuana Program was signed into law on April 17, 2016. Full implementation is expected no later than April 2018.

Requests for participation by medical marijuana growers, producers, and dispensaries began to be taken in January of 2017. The Department of Health has constructed a set of temporary instructions directing everyone involved in the program, including practitioners. A contract was given to MJ Freeman. He will follow the progress of the pot from as it goes from seeds to sales. Beginning July 26th, Physicians began to be able to apply at the Department’s Physician Registry as the first step toward participation in the program.

Twenty-seven dispensaries and twelve marijuana farmers have had permits approved that allow them to be part of the program. The Department has also developed the Medical Marijuana Physician’s Workgroup, a website where those who wish to take part can go to complete applications.

If you are under a doctor’s care and being treated for a serious condition, you may qualify to receive medical marijuana as a form of treatment.

Source: Pennsylvania Medical Marijuana Program

Update May 20, 2019

Two more things are being added to the list of medical conditions that are allowed to be treated with cannabis in Pennsylvania. Tourette Syndrome and Anxiety were approved back in February by the medical marijuana board. Their addition, when approved by the Secretary of the State Department of Health, will bring the total number of conditions treatable to twenty-three. Dr. Rachel Levine has said she’s still going over the literature to learn the hows and whys of treating the two conditions with medical marijuana.

The advisory board, since we’re talking about them, has also come under fire for not providing enough training and materials for police officers in the packaging and legal products available.