Pennsylvania Cocaine Laws

Pennsylvania Statutes

• PA ST. 35 P.S. §§ 780-101 through 780-144 (The Controlled Substance, Drug, Device and Cosmetic Act)
• PA ST. 35 P.S. §§ 821-826 (cocaine, sale and possession regulated)
• PA ST 18 Pa. C.S.A. § 7508 (drug trafficking sentencing and penalties)

A person violates Pennsylvania law if they engage in the following:

• They are aware of possessing cocaine unless they are registered to possess it or they have a valid prescription from an authorized practitioner (§ 780-113)(a)(16)). Violations are a misdemeanor with up to one year of imprisonment and a fine of up to $5,000 (§ 780-113(b)).
• They are aware of purchasing or receiving cocaine from a person unauthorized to sell or otherwise distribute cocaine (§ 780-113(a)(19)). Violators face up to three years imprisonment and a fine of up to $5,000. If the person who received the cocaine has a prior drug offense conviction in their criminal record, they may face three years of imprisonment and a fine of up to $25,000.
• They obtain possession of a controlled substance (e.g., cocaine) by misrepresentation, fraud, forgery, deception, or subterfuge (§ 780-113(a)(12)). Anyone who violates this law by obtaining a Schedule I or II narcotic is guilty of a felony. They may face up to 15 years of imprisonment and a fine of up to $250,000.
• They use, possess, or deliver drug paraphernalia intended for manufacturing, processing, processing, testing, analyzing, packing, storing, ingesting, or otherwise introducing cocaine into the human body. Violation is a misdemeanor with up to a year imprisonment and a fine of up to $2,500. Delivering drug paraphernalia to a person under the age of 18, and the person is three or more years younger than the person who delivered it, is a second-degree misdemeanor. This carries up to two years imprisonment and a fine of up to $5,000.

A person violates Pennsylvania law if they engage in the following:

• Creating, delivering, or possessing a controlled substance manufactures, delivers, or possesses cocaine with the intent to manufacture or deliver it without a license. Violation is possession with intent to deliver (PWID), a felony. Penalties are up to 10 years of imprisonment and a fine of up to $100,000.
• If a practitioner or professional assistant administers, dispenses, delivers, gifts, or prescribes cocaine to someone unless they do so (i) in good faith in the course of their professional practice, (ii) within the scope of the patient relationship, and (iii) in accordance with treatment principles accepted by a responsible segment of the medical profession. Any practitioner or professional assistant who violates this law is guilty of a misdemeanor. They face up to one year of jail time and a fine of up to $5,000 (§ 780-113(b)).
• Any practitioner authorized to distribute controlled substances (e.g., physicians, dentists, veterinarians, etc.) who sells, furnishes, or gives away cocaine or its derivatives without a valid prescription (or prescribes it to a person they know is a habitual user of cocaine or its derivatives) may be subject to a $500 fine and up to two years of imprisonment.

Pennsylvania has strict penalties for the trafficking of cocaine. These include:

At least two and less than 10 grams of cocaine:

• First offense: Up to a one-year prison sentence and a fine of up to $5,000
• Subsequent drug trafficking offense: Up to three years in prison and a fine of up to $10,000

At least 10 grams and less than 100 grams of cocaine:

• First offense: Up to three years in prison and a fine of up to $15,000
• Subsequent drug trafficking offense: Up to five years in prison and a fine of up to $30,000

100 grams of cocaine or more:

• First offense: Up to four years in prison and a fine of up to $25,000
• Subsequent drug trafficking offense: Up to seven years in prison and a fine of up to $50,000