When Do Two Drug Charges Merge Into One ?
In Commonwealth v. Everett, 290 Pa. Super. 344, 434 A.2d 785 (Pa. Super. 1981) a raid on an apartment netted 112 pounds of marijuana, paraphernalia associated with manufacture or distribution and substantial cash.
The court held that charges of possession under Section 13(a)(16) of the Controlled Substance, Device and Cosmetic Act (Drug Act) and possession with intent to deliver under Section 13(a)(30) merged but that the charge of manufacture was not based solely on seizure of a large quantity but also on seizure of paraphernalia for manufacture and distribution and did not merge.