Perils of Partying


Alcohol Issues

Public Drunkenness
If you appear in any public place to be under the influence of alcohol or a controlled substance, to the degree that you may endanger yourself, others or property, or even annoy people around you, you could be charged with a summary offense. You could face a maximum fine of $300 and a maximum jail time of 90 days.

Underage Possession or Consumption
It is illegal to drink if you are under the age of 21, even in the privacy of your own home or at a private party.

 

Penalty 1st Offense 2nd Offense Subsequent Offenses
Fine 0-$300 0-$500 0-$500
Jail 0-90 days 0-90 days 0-90 days
License Suspension 90 days 1 year 2 years



Fake ID
You cannot use a fake driver’s license to obtain alcohol and it is illegal even to possess a fake ID.

Penalty 1st Offense 2nd Offense
Fine 0-$300 0-$500
Jail 0-90 Days 0-1 Year
License Suspension 90 Days 1 year



Underage Provision
Providing alcohol to someone under the age of 21.

Penalty 1st Offense
Fine $1,000-2,500
Jail 0-1 year


Open Container
You cannot walk around or drive with an open contain or bottle of any type of alcohol. If you are arrested for an open container violation, your first offense could bring a fine of up to $300 and a jail sentence of up to 90 days.

Social Host Liability
Under Pennsylvania law there is no liability on the part of a social host for serving alcohol to adult guests. However, an adult who serves alcohol to an underage person may be convicted in criminal court and may be liable for damages incurred or caused by the minor as a result of the alcohol provided.

Drugs
Thinking of sharing? Think again….if you give, sell or even share your drugs or any controlled substance and someone dies as a result, you have committed murder in the third degree. That means if you are found guilty, you would be given a mandatory minimum sentence of at least five years in prison and a fine of $15,000.

Don’t forget that colleges are also considered to be drug-free school zones and if you are convicted of delivery or possession with intent to deliver and are on or within 1,000 feet of a college or university campus, you will face a sentence of a minimum of two years in prison with a maximum term of less than four years. If you sell to a friend under 18, you will face an additional minimum sentence of one year in prison.

If a friend asks you to sell or give them drug-free urine to help pass a drug test for employment, or any other reason, and you comply, you and your friend would be committing a misdemeanor of the third degree. This means that you both could face a fine that ranges anywhere from $250 to $5,000 and a prison term of up to 90 days.

If you administer drugs or any other intoxicants that substantially impair the victim’s ability to control his or her conduct so that you may rape or sexually assault them, you are committing a felony of the third degree. This means that you could face a fine of up to $5,000 and up to five years in prison.

Drug Possession and Trafficking
Whether or not you are caught with the minimum amount typically associated with drug distribution, you can be busted for selling any amount to an agent. In some circumstances you may be able to negotiate a lesser charge or plea bargain if you cooperate with the police and work with them in a controlled buy. In a controlled buy, you make a purchase under surveillance so police can arrest your supplier. This is not always an option, and in many cases, it is very dangerous.
There may be repurcussions.

Marijuana
If you are caught with 30 grams or less of marijuana, you could spend up to 30 days in jail and face a fine of up to $500. If you are caught with more than 30 grams, you can face up to one year in prison and a fine of $5,000, although if it is your first offense, you may be able to seek probation. When the amount of marijuana involved is at least two pounds, but less than ten pounds or at least 10 live plants but less than 21 live plants, there is a mandatory minimum sentence of one year in prison and a fine of $5,000. If at the time of sentencing the defendant has been convicted of another drug trafficking offense the minimum is two years in prison and a fine of $10,000. When the amount of marijuana is at least 10 pounds, but less than 50 pounds, or at least 21 live plants but less than 51 live plants, the minimum sentence is three years and a fine of $15,000. If at the time of sentencing the defendant has been convicted of another drug trafficking offense the minimum is four years in prison and a fine of $30,000.

Narcotics (Cocaine)
When the combined weight of the compound or mixture containing the substance involved is at least 2.0 grams and less than 10 grams, the minimum sentence is one year in prison and a fine of $5,0000. If at the time of sentencing the defendant has been convicted of another drug trafficking offense, the minimum is three years in prison and a fine of $10,000. When the combined weight of the compound or mixture containing the substance involved is at least ten grams and less than 100 grams, the minimum sentence is three years in prison and a fine of $10,000. If at the time of sentencing, the defendant has been convicted of
another drug offense, the minimum is five years in prison and a fine of $30,000.

Amphetamine
When the combined weight of the compound or mixture containing the
substance involved is at least five grams, the minimum sentence is 2 1/2 years in prison and a fine of $15,000. If at the time of sentencing, the defendant has been convicted of another drug trafficking offense, the minimum sentence is five years in prison and a fine of $30,000.

Methamphetamine or Phencyclidine (PCP)
When the combined weight of the compound or mixture containing the substance involved is at least five grams and less than ten grams, the minimum sentence is three years in prison and a fine of $25,000. If at the time of sentencing, the defendant has been convicted of another drug offense, the minimum is five years in prison and a fine of $30,000. When the combined weight of the compound or mixture containing the substance involved is at least ten grams and less than 100 grams, the minimum sentence is four years and a fine of $25,000. If at the time of sentencing the defendant has been convicted of another drug offense, the minimum is seven years and a fine of $50,000.


Methaqualone (Quaaludes)
When the combined weight of the compound or mixture containing the substance involved is at least 50 tablets, capsules, caplets or other dosage units or 25 grams and less than 200 tablets, capsules, caplets or other dosage units, or 100 grams, the minimum sentence is one year in prison and a fine of $2,500. If at the time of sentencing, the defendant has been convicted of another drug
offense, the minimum is three years in prison and a fine of $5,000.

Heroin
When the combined weight of the compound or mixture containing the heroin involved is at least 1.0 grams and less than 5.0 grams, the minimum sentence is two years in prison and a fine of $5,000. If at the time of sentencing, the defendant has been convicted of another drug offense, the minimum is three years in prison and a fine of $10,000.

Methylenedioxyamphetamine (Ecstasy, MDA, MDMA, MMDA)
When the combined weight of the compound or mixture containing the substance involved is at least 50 tablets, capsules, caplets or other dosage units or 15 grams and less than 100 tablets, capsules, caplets or other dosage units, or 30 grams; it is a felony with a sentence of imprisonment not exceeding five years and a fine not exceeding $15,000 or both.

Bath Salts
In 2011, the Commonwealth amended the Controlled Substance Act to include drugs which are manufactured to mimic the effects of illegal drugs such as cocaine or heroin. They are sometimes referred to as Bath Salts. The law now lists these drugs as Schedule I controlled substances. The sale of bath salts can result in five years in prison or a $15,000 fine; possession can result in up to a year in prison and a $5,000 fine. Identical penalties now exist for synthetic
cannabis, as well.

Search and Seizure
In Pennsylvania, whether you reside in a dorm, apartment or home, you have the right to demand that an officer obtain a search warrant prior to entering your place of residence to perform a search.