Manchester and Associates

Pennsylvania Criminal & DUI Defense

Felony or Misdemeanor Charges

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Are Delta 8 And Delta 10 Illegal In Pennsylvania?

The Short Answer Is “Yes”.

Both Delta 8 and Delta 10 are Tetrahydrocannabinols, and both are illegal in Pennsylvania. Even if the Delta 8 or Delta 10 are derived from hemp, and not marijuana, the compounds are illegal because the entire category of Tetrahydrocannabinols, most commonly referred to as THC, is illegal in Pennsylvania. THC is listed as a scheduled substance in Pa. Code 25.72 (b)(3)(xvi). Most people think just Delta 9 is illegal, but legally Delta 8, 9, and 10 are the same. They are all currently illegal.

Many people only think of Delta 9 as being illegal because that is the compound they are taught that gets you “high”. But, legally, Delta 8, 9 and 10 are considered the same substance and all are equally illegal.

Because Delta 9 is the the compound always referred to in the media, people may think that since Delta 8 and Delta 10 can be possessed or sold legally. That is NOT correct. Any merchant that sells products with Delta 8 or 10 in them is committing a felony, and the people who buy those products are committing misdemeanor crimes just by possessing them.

The defenses to charges involving Delta 8 or Delta 10 are numerous, especially when it comes to the testing used to determine the presence of Delta 8 or 10. As a criminal defense lawyer I highly recommend that if you are a store owner you stop selling these products. If you are a consumer of these products, I strongly suggest you no longer purchase them. Until marijuana and THC are legalized in Pennsylvania as they have been in many other states, you will be in danger of criminal charges.

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Domestic Violence Charges in Pennsylvania (2)

People often call our office and say they have been charged with Domestic Violence.  When we hear that, we always ask what the exact charges are because in Pennsylvania “Domestic Violence” is not an actual charge. It is a label that is applied to other offenses which can make the punishment more serious.  The typical offenses that are charged in a “domestic violence” incident are Harassment, Simple Assault, Aggravated Assault, Reckless Endangerment, Strangulation, and Unlawful Restraint. What makes them domestic violence related is when these crimes occur where the victim is a spouse, boyfriend, girlfriend, domestic partner, child, or family member of the person accused of these crimes.

A charge labeled as domestic violence related is treated differently and more harshly by the law. The harsher treatment starts at the investigation stage. When a police officer investigates a crime and it is determined to be domestic violence related and they see any physical signs of injuries the police officer may and usually do take the defendant into custody. For example, if a person calls the police and says their husband hit them and they have a bruise or scratch, then the police officer most likely will take the defendant into custody right away and file charges before an in-depth Investigation is completed.  

If you are charged with crimes that are designated as “domestic violence” the Magisterial District Judge who sets bail in your case can add conditions of bail preventing you from contacting your alleged victim or even preventing you from entering any residence the alleged victim lives in, even if you pay for that residence. For example, if a husband accused of assaulting his wife and they own a house together, a bail condition will likely be that the husband can’t go back to his own house.

If you are ultimately convicted of a domestic violence related offense you can be sentencing to a period of probation up through a state prison sentence depending on the offense you are convicted of.  You will also be required to participate in domestic violence related counseling.  Failure to complete that counseling can be the basis for a revocation of your supervision.  There are also collateral consequences if you are convicted of a domestic violence related offense. If a person is convicted of domestic violence, they lose their right to possess a firearm forever. It could even cost a person their professional license or security clearance.

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How Criminal Convictions Affect Social Security Benefits

Can Felons Receive Social Security? Yes, But With Exceptions

The general rule is that a person who is convicted of a felony can still receive Social Security benefits once they are released. However, like every rule, there are exceptions. A felony conviction will deem you ineligible to receive Social Security Disability Benefits if:

  • Your disability was caused by your felonious act
  • Your disability was made worse by your felonious act
  • Your disability arose while you were imprisoned for committing a felony
  • You were convicted of treason, sabotage, or a similar crime
You Can’t Receive Survivors’ Benefits by Killing a Spouse or Parent

In addition, if you became a widow or orphan by killing your spouse or parent, you are ineligible to receive Social Security survivors’ benefits. In sum, just because you were convicted of a felony in the past, does not mean that you are ineligible to receive Social Security benefits. Rather, you simply must meet the general criterion for qualifying. For social security, this means you are either 65 or older, or blind, or have a qualifying disability, or have little to no income or financial resources.

Social Security Unavailable for Felons Currently in Prison

As for felons who are currently imprisoned, Social Security benefits are not available. The rationale behind this rule is while imprisoned, the person’s food, shelter, and medicine are being paid for already.

Those that received Social Security Disability benefits prior to becoming imprisoned will have their benefits suspended during imprisonment, but benefits will be reinstated 30 days after they are released. Please note if you are in jail for part of a month you lose that month’s benefits.

Say you were sentenced to 45 days and the sentence starts on June 29. You lose benefits for June, July, and August. So, the sentence and timing are very important.

No Need To Re-File for Disability Benefits if Suspended for Less than a Year

A person does not need to file a new disability application if their benefits have been suspended for less than one year. However, if they were imprisoned for more than one year, a new disability application is required.

You Can Apply While In Prison

A convicted felon serving time is prison may be able to apply for benefits while still imprisoned if the penal institution has a pre-release application procedure. If not, they must wait until they are released to apply for Social Security benefits.

If you or someone you know has questions about how criminal convictions may affect one’s ability to receive Social Security benefits, Brian Manchester has been practicing criminal law for 18 years, and can be contacted at 1-800-243-4878.