Manchester and Associates

Pennsylvania Criminal & DUI Defense

Drug Crimes

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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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Drug Crimes In Pennsylvania and How We Know Defend Them the Right Way

Types of Drug Cases We Defend

For 18 years I have been representing people accused of various drug crimes in Pennsylvania to include the following:

  • Drug Possession/Possession of Controlled Substances (Actual Possession, Constructive Possession)
  • Drug Production
  • Drug Trafficking/Operating as a Drug Trafficker
  • Marijuana Cultivation/Growing Marijuana
  • Possession of Drug Paraphernalia (Bongs, Pipes, Drug Equipment)
  • Possession with Intent to Distribute/Deliver (PWID)
  • Prescription Fraud
  • Selling Drugs to Minors
  • Synthetic Opioids (Alph-PVP, Bath salts, cathinones)
  • Synthetic Marijuana (K2, Spice)
  • Methamphetamine Manufacturing

My firm has experience investigating alleged crimes involving many types of narcotics and controlled substances, ranging from commonly charged substances like cocaine and marijuana (pot, weed, cannabis) to less frequently prosecuted substances such as peyote, DMT, khat, ecstacy.

We understand the unique sentencing laws and drug diversion programs that apply to each substance and use our nuanced understanding of Pennsylvania’s drug laws to fight for outcomes that are favorable to our clients.

In Pennsylvania controlled substances are categorized by schedules. Below is a list of the five different schedules and some of the drugs listed under those schedules that our clients frequently are charges with:

Schedule Controlled Substances 1 through 5

Schedule I Controlled Substances

    • Ecstasy (MDMA)
    • GHB
    • Heroin
    • LSD (Acid)
    • Marijuana
    • Peyote
    • Psilocybin Mushrooms
  • Schedule II Controlled Substances
    • Adderall
    • Cocaine
    • Fentanyl
    • Methamphetamine
    • OxyContin
    • PCP Charges (Angel Dust)
    • Vicodin
  • Schedule III Controlled Substances
    • Ketamine
    • Steroids
  • Schedule IV Controlled Substances
    • Ambien
    • Valium
    • Xanax
  • Schedule V Controlled Substances
    • Cough Syrup
Penalties for Drug Offenses

The penalties for drug charges depend on factors like what type of substance is involved, the quantity of the substance involved, and the nature of the alleged offense. Some drug crimes are graded as misdemeanors, while others are prosecuted as high-level felonies carrying years or decades of prison time.

Other penalties that can result from a drug-related conviction include probation, loss of your driver’s license, and the creation of a criminal record, which can cause problems when you are applying for jobs, loans, student programs, training programs, or housing.

Most Lawyers Focus on Entrapment – But We Focus on Test Results

Most lawyers focus on how the government came into possession of the drug evidence (search and seizure) or if the defendant was entrapped. Often times the evidence can’t be suppressed, so generally that leaves only plea negotiations and no ability to fight the charges. However, there is another defense that few lawyers ever explore let alone know how to do and that is to attack the test results.

The testing of drugs is a complex affair and there are many different methods of doing so. Some of the methods are gas chromatography, mass spectroscopy, thin-layer chromatography, and many more.

These methods generate a lot of data, in which you can find many ways to challenge the test results.

Because Manchester & Associates regularly obtains this data and looks into the test results, we’ve obtained many favorable results for our clients when all other defenses were not even available to them.

Free Strategy Session Available

If you or are a loved one are facing drug related charges, it’s important to call Manchester & Associates immediately for a Free Strategy Session.

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How Adderall can lead to a DUI charge in Pennsylvania

Adderall is a stimulant designed primarily to treat ADHD and other attention disorders. Adderall is a combination of the drugs dextroamphetamine and amphetamine. These drugs work to keep someone focused and attentive. Adderall is used to treat ADHD and other attention disorders. Amphetamines are DEA Schedule II (Two) drugs.

Drugs similar to Adderall are:

  • Ritalin
  • Focalin
  • Adzenys
  • Vyvanse


These drugs work by stimulating the central nervous system. As the stimulation begins to fade around six hours on average, it can leave the person taking Adderall feeling tired. It is this tiredness that can lead to poor driving. So people who are on the downside of the pharmacological effects of Adderall can become tired and that is when they get pulled over. It is not the drug causing the poor driving. However, that is not what the police or prosecutors believe.


The best thing you can do if you take Adderall or any other medication for ADHD or other attention related illnesses is to NOT tell a police officer you take it. You do not have to answer an officer if they ask you if you take any medication because the Fifth Amendment to the constitution says so.