PC §602(C) - TRAFFICKING OF A CONTROLLED SUBSTANCE (SCHEDULE III > SCHEDULE IV)

CLASS F FELONY

(a) Definition

Trafficking of a low level controlled substance is the act of knowingly and intentionally engaging in the manufacture, distribution, sale, transportation, or possession with the intent to distribute a controlled substance in large quantities over 25 grams, typically for financial gain or profit.

Types of Low Level Controlled Substances

Controlled substances may include, but are not limited to, the following categories:

1. Cannabis: Marijuana, hashish, and cannabis concentrates.

2. Prescription medications: Controlled substances available only with a valid prescription, such as painkillers, tranquilizers, and stimulants.

(b) Elements of the Offense

The following elements must be met to constitute trafficking of a controlled substance:

1. The defendant knowingly and intentionally engaged in the manufacture, distribution, sale, transportation, or possession with the intent to distribute a controlled substance.

2. The quantity of the controlled substance involved exceeded the thresholds established by law for trafficking offenses.

3. The defendant acted willfully and knowingly with the intent to profit from the sale or distribution of the controlled substance.

(c) Defenses

• (a) It shall be a defense to a charge of trafficking of a controlled substance if the defendant can prove that they did not knowingly or intentionally engage in the manufacture, distribution, sale, transportation, or possession with the intent to distribute the controlled substance, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.

• (b) Lack of evidence linking the defendant to the trafficking operation, lack of intent to profit from the sale or distribution of the controlled substance, or coercion or duress at the time of involvement may also serve as defenses if proven by the defendant.

(d) Aggravating Factors

Aggravating factors such as trafficking in large quantities of controlled substances, involvement in organized crime or drug cartels, use of violence or coercion in drug trafficking operations, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.

Penalties

Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:

JAIL TIME

120 SECONDS OF JAIL TIME.

BOND SET

$100,000.00