Heroin use often leads to death, more crimes or hard time: The Judicial Notice

Upper Allen Twp. drug arrest nets marijuana, heroin and two handguns
File photo: More than 40 bundles of heroin seized from a Reading area man for allegedly dealing drugs in Upper Allen Township. Each bundle contains ten one-tenth gram bags. 12/11/2013 (Dan Gleiter |
on March 04, 2014 at 11:00 AM, updated March 04, 2014 at 11:07 AM

It is hard these days to open the paper and not see an obituary for a young person, which is always sad. But it is also scary when you learn that an alarmingly high number of these deaths are attributable to an illegal drug: heroin.

Jessica BrewbakerView full sizeJudge Jessica Brewbaker

Heroin is an opiate, derived from the opium poppy plant. Bayer Laboratories, a German medicine corporation, originally manufactured and supplied the drug to its troops, helping to limit their fear reaction during the heat of battle. In 1898, Bayer Laboratories marketed Heroin cough syrup to the public, billing it as a non-addictive substitute for morphine. They were later embarrassed to find that heroin was actually stronger than morphine, and it had one of the highest rates of addition. The United States banned the importation, manufacture, and sale of heroin in 1924.

Heroin is now known to be one of the deadliest illegal drugs in central Pennsylvania. Many of its users are first introduced to prescription opiates, such as Vicodin or Oxycontin, often prescribed for an injury or pain. Addiction to opiates develops easily, and once the prescription runs out, getting the pills illegally is expensive. Addicts will then often turn to heroin, a cheaper alternative.

Capable of being snorted, smoked, or injected, heroin is branded much like athletic gear or appliances, with different "stamps" indicative of different levels of quality. In addition to its high fatality rate, heroin is the cause of another increasing problem. Because of its horrific side effects, heroin causes many of its users to commit increasingly violent crimes.

Heroin withdrawal is an extremely painful process, causing users to become very physically sick. In order to get relieve these withdrawal symptoms to gain access to the drug, users will often engage in crimes of opportunity, such as robbing a store or mugging a passerby. These crimes are often done without planning, but rather as the need arises. That, however, is small comfort to the victims.

In addition to the tendency to engage in other crimes, heroin users are committing a crime merely by possessing the drug, as well as the items with which to use it. Possession of drug paraphernalia is a misdemeanor of the third degree, punishable by a fine and up to one year imprisonment. Possession of a small amount of heroin is a misdemeanor of the second degree, punishable by a fine, a driver’s license suspension, and up to two years of imprisonment.

Possession of higher quantities of the drug is a felony. Heroin is considered a "Schedule I" controlled substance, which is defined by the DEA as a drug "with no currently accepted medical use and a high potential for abuse. Schedule I drugs are the most dangerous drugs of all the drug schedules with potentially severe psychological or physical dependence."

In Pennsylvania, the manufacture, delivery, or possession with intent to deliver a Schedule I substance such as heroin is a felony, with a fine up to $250,000, and imprisonment up to 15 years. However, mandatory sentences are required if the heroin involved is of a certain quantity.

If the amount the defendant is convicted with is between 2 grams but less than 10 grams, the sentence is a mandatory 2 years in prison. If the defendant had a prior drug trafficking offense, the mandatory sentence is 3 years in prison.

If the defendant is convicted with at least 10 grams but less than 100 grams, it is a mandatory 3 years in prison, or a mandatory 5 years if there is a prior drug trafficking conviction. The mandatory sentence for 100+ grams is 5 years in prison, or 7 years if there was a prior trafficking conviction.

To give these metric measurements some perspective to those of you more familiar with U.S. standard measurements, there are approximately 28 grams in an ounce, or 453 grams in a pound.

There are additional sentencing enhancements if a person is found to have sold drugs to a minor, possessed a gun in connection with the sale of drugs, or sold drugs within a school zone. If you have questions about any of these sections, please comment below.

Finally, there have been several recent news articles about defendants being charged with Drug Delivery Resulting in Death. If a person gives, shares, or sells a controlled substance, including heroin, and another person dies as a result of using that substance, the person who supplied the drug will be charged with a first degree felony. This crime falls under the Criminal Homicide section of the Crimes Code, and is punishable up to 40 years in prison.
