Pennsylvania Drug Laws

Is drug possession a felony in Pennsylvania? How do courts impose sentences? Are there defenses for drug offenses? This article answers these questions and others about Pennsylvania’s drug laws.

Pennsylvania has strict drug laws with minimum mandatory sentences like fines and possible jail time. The severity of the punishment depends on several factors. If you’re charged with an offense, it’s crucial to hire an experienced criminal defense attorney to evaluate your case and help you build a defense. Handling these matters can be technical and intimidating, so you need all the help you can get.

Pennsylvania Controlled Substance Laws

Drug offenses in Pennsylvania are governed by federal and state legislation. The primary federal law is the Controlled Substance Act (CSA). The state laws include the Controlled Substance, Drug, Device and Cosmetic Act of 1972 and Title 18 Section 7508 of the Pennsylvania Consolidated Statutes.

Controlled substances are drugs with varying degrees of potential for dependence or abuse. They are categorized into five schedules depending on their addictiveness, potential for abuse and acceptance in the county. Schedule I drugs have the highest potential for addiction or abuse, while Schedule V drugs have the lowest.

Examples of drugs in the various categories are:

• Schedule I: These are drugs that have a high potential for abuse and no accepted medical use. Examples are marijuana and heroin.
• Schedule II: These are drugs with a high potential for abuse but have accepted medical uses. Examples are methadone, oxycodone and cocaine.
• Schedule III: These drugs have moderate to low potential for physical and psychological dependence. Examples include buprenorphine and aspirin and codeine combinations.
• Schedule IV: These drugs have a low potential for abuse. Examples include alprazolam, clonazepam and diazepam.
• Schedule V: These drugs have a lower potential for abuse than Schedule IV drugs. Examples are Phenergan with codeine and Robitussin AC.

Criminal sentences for drug offenses depend on the substance involved, the amount in your possession, whether you have a previous conviction and your intent.

Types of Controlled Substance Possession in Pennsylvania

There are two types of possession when it comes to controlled substances in Pennsylvania.

1. Simple Possession

Simple possession occurs when you intentionally or knowingly possess a controlled substance without authorization. Under this type, the law presumes that the drug in your possession is intended for personal use. Simple possession is often the case when someone is caught with a small or moderate amount of controlled substances. Generally, simple possession is the easiest to prove for prosecutors. The requirement is to demonstrate that you possessed an amount of a controlled substance or that you were intoxicated by the illicit drug without a license.

2. Possession With the Intent to Deliver (PWID)

PWID occurs when you possess drugs intended for distribution or delivery. The intention is based on an objective test, considering factors like:

1. The quantity of controlled substance
2. The presence of excessive paraphernalia
3. The presence of packing materials
4. Evidence of communication with potential customers
5. Amount of money in your possession at the time of arrest

PWID includes cultivating, manufacturing, selling and tracking illegal drugs. If the drug crime breaks federal and state laws, you may be tried at both state and federal levels, although one jurisdiction often defers to the other.

Penalties for Drug Possession

As mentioned, the penalty for possessing a controlled substance in Pennsylvania depends on factors like the type of drug, quantity, intent and previous drug convictions. Typically, simple possession is treated as a misdemeanor, whereas PWID is treated as a felony, except for Schedule V drugs. Felonies usually have harsher sentences than misdemeanors. Here are some examples:

1. Marijuana

Pennsylvania marijuana law treats simple possession as a misdemeanor. If you are a first-time offender and possess less than 30 grams during the arrest, the maximum fine and jail time are $500 and 30 days, respectively. If the quantity exceeds 30 grams and is intended for personal use, the fine increases to $5,000 with or without one year of jail time. First-time offenders may get one year or less probation. Individuals with multiple convictions may face a fine of $25,000. The possible jail time is three years.

The fine for possessing marijuana with the intent to deliver is $100,000. If the quantity exceeds 1,000 pounds, you may also be sentenced to 10 years of imprisonment.

2. Heroin

Penalties for simple possession of heroin by a first-time offender could include a fine of $5,000 and a possible jail time of one year. Second-time offenders possessing 2 grams or less can face two years imprisonment. Offenders with three or more previous convictions may face three years of jail time.

Possession of heroin with the intent to deliver can be punished with jail time of up to five years. The punishment may also include a fine depending on the quantity of heroin possessed at the time of arrest.

3. Cocaine

Simple possession of cocaine involving first-time offenders is treated as a misdemeanor. The sentence is up to one year of jail time and a fine of $5,000. Second-time offenses attract a jail time of up to three years and a fine of up to $25,000.

Possession of cocaine with the intent to distribute is a felony. The sentence is a term of imprisonment of 15 years and a fine of $25,000 or more.

4. MDMA

MDMA (3,4-Methylenedioxymethamphetamine) is a Schedule I drug more commonly known as ecstasy or molly. Simple possession of MDMA is treated as a misdemeanor. First-time offenders possessing less than 2 grams of MDMA may face at least one year of jail time and a fine of $5,000.

Possessing this drug with the intent to distribute is a felony. Possessing between 2 and 10 grams attracts a two-year jail time with or without a fine of $5,000. The jail time and fine increase to three years and $10,000 for subsequent offenses.

Possession between 10 and 100 grams carries a three-year prison term and a $10,000 fine, while subsequent offenses carry five years of jail time and a $30,000 fine. First-time offenders possessing more than 100 grams of MDMA can face five years of prison term and a fine of $25,000. The punishment for subsequent offenses is seven years of jail time and a fine of $50,000.

Possible Defenses When Charged With Possession of a Controlled Substance

There are several possible defenses depending on the circumstances. These include:

• Lack of knowledge: Demonstrating that you were unaware of the drugs in your possession may avail you of criminal liability.
• Unlawful search and seizure: If the police conduct an illegal search, such as searching you without probable cause, the evidence gathered could be rendered inadmissible.
• Misidentification of substance: If the substance was wrongly tested or identified as a controlled substance, you can argue that it falls outside the five schedules and use that as a defense.
• License or prescription: If you had a valid license or prescription at the time of arrest, the court may dismiss the action or reduce the sentence, depending on the facts of the case.
• Entrapment: If a law enforcement officer coerced you into committing a drug offense that you would otherwise not commit, you can use that as a defense.

Because each defense requires a significant understanding of the relevant laws, hiring an experienced criminal defense attorney is crucial.

Why Trust Us

Buzgon Davis Law Offices provides effective legal solutions to individuals in Pennsylvania. We have over 50 years of experience handling complex criminal cases. We know the Pennsylvania drug laws and have the resources to develop practical strategies. Our criminal defense attorneys are direct, transparent and supportive.

Buzgon Davis Law Offices prioritizes personalized services. We believe each case is different and deserves unique attention. This approach allows us to exceed our clients’ expectations. We set realistic goals and assist clients in achieving the best possible outcome. Facing a criminal charge can be challenging, but we are ready to guide you throughout the process.

We form close relationships with our clients and genuinely care about their well-being. These attributes have enabled us to build strong ties in Lebanon, Palmyra and beyond. Read our testimonials to learn more about the firm and its track record.

Contact Buzgon Davis Law Offices for Legal Support

Have you been arrested or charged with a drug offense and need professional legal support? Buzgon Davis Law Offices is ready to assist. We can examine your case and help you determine the ideal strategy or defense. We can also represent you throughout the process, including court attendance, bail application, plea bargaining negotiations and appeals. Contact us now!