Pennsylvania Drug Manufacturing Laws

By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 31, 2024

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Drug manufacturing of any controlled substance in the Commonwealth of Pennsylvania is against the law. As part of an effort to prevent illicit controlled substance manufacturing, the state’s law enforcement agencies maintain data related to illegal drug laboratories.

Pennsylvania state law classifies controlled substances, including illegal and narcotic drugs, into five schedules. Examples of controlled substances in each schedule include the following:

  • Schedule I: marijuana (marihuana), heroin, MDMA, and many other opiate isomers
  • Schedule II: methadone, methamphetamine, cocaine, PCP, and fentanyl
  • Schedule III: anabolic steroids and lysergic acid
  • Schedule IV: barbital, tramadol, and carisoprodol
  • Schedule V: mixtures containing small amounts of codeine or opium

The criminal penalties for manufacturing an illegal controlled substance in Pennsylvania vary. They're based on the type of drug manufactured, the amount created, and if the manufacturer has a criminal record that includes prior drug crimes.

Pennsylvania Controlled Substances and Drug Manufacturing Charges

The table below contains information about Pennsylvania laws regarding illegal drug manufacturing. For more information, visit FindLaw’s Drug Charges section.

Pennsylvania Drug Manufacturing Laws Code Sections

Pennsylvania Statutes

Pennsylvania Drug Manufacturing Offenses

It is unlawful for anyone to engage in the following in Pennsylvania:

  • Manufacturing a controlled substance or other drug, device, or cosmetic that is adulterated or misbranded (§ 780-113(a)(1))
  • The manufacture of a controlled substance by a registrant who knows or has reason to know they do not have authorization to manufacture it (§ 780-113(a)(25))
  • Using a fictitious, revoked, or suspended registration number in the course of manufacturing a controlled substance (§ 780-113(a)(27))
  • Manufacturing a controlled substance without proper registration or license from an appropriate State board, or knowingly creating a counterfeit controlled substance (§ 780-113(a)(30))
  • Using or possessing drug paraphernalia for the purpose of compounding, manufacturing, or otherwise introducing a controlled substance into the human body in violation of The Controlled Substance, Drug, Device and Cosmetic Act (§ 780-113(a)(32))
  • Manufacturing drug paraphernalia with the intent to deliver it while knowing that it would be used to manufacture, compound, or otherwise introduce a controlled substance into the human body in violation of the Controlled Substance, Drug, Device, and Cosmetic Act (§ 780-113(a)(33))
  • Manufacturing a noncontrolled substance that has a stimulant or depressant effect (other than a prescription drug) which, or the label or container of which, substantially resembles a specific controlled substance. (§ 780-113(a)(35(i))
  • Manufacturing a designer drug (§ 780-113(a)(36))
  • Manufacturing methamphetamine or phencyclidine (PCP) or their salts, isomers, and salts of isomers in a structure where any child under the age of 18 is present or where the manufacturing of those drugs causes any child to suffer bodily injury (§ 780-113(a)(38)(i-ii))
  • Possessing more than 40 grams (or 15 packages) of any drug containing ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers as an active ingredient gives rise to a rebuttable presumption that the person acted with the intent to manufacture methamphetamine (§ 780-113.3)
  • Causing a chemical reaction involving ephedrine, pseudoephedrine, or phenylpropanolamine to make methamphetamine (§ 780-113.4)

Pennsylvania Criminal Penalties for Drug Manufacturing

Upon conviction for the crimes listed above, the following penalties apply:

Manufacturing a misbranded controlled substance or other drug, device, or cosmetic (§ 780-113(a)(1)):

  • First offense: up to one year of imprisonment and a fine of up to $5,000
  • Subsequent drug offense: up to three years imprisonment and a fine of up to $25,000

Manufacture of a controlled substance by a registrant without authorization (§ 780-113(a)(25):

  • Up to three years imprisonment and a fine of up to $25,000

Manufacturing a controlled substance without proper registration (§ 780-113(a)(30)):

  • If the controlled substance involved was a Schedule I or II narcotic drug: up to 15 years of imprisonment and a fine of up to $250,000
  • If the controlled substance involved was PCP, methamphetamine, cocaine, or over 1,000 pounds of marijuana: up to 10 years of imprisonment and a fine of up to $100,000
  • If the controlled substance involved was any other Schedule I, II, or III drug: up to five years imprisonment and a fine of up to $15,000
  • If the controlled substance involved was a Schedule IV drug: up to three years of imprisonment and a fine of up to $10,000
  • If the controlled substance involved was a Schedule V drug: up to one year of imprisonment and a fine of up to $5,000

Using or possessing drug paraphernalia (§ 780-113(a)(32)):

  • Up to one year of imprisonment and a fine of up to $2,500

Manufacturing drug paraphernalia with intent to deliver (§ 780-113(a)(33)):

  • Up to one year of imprisonment and a fine of up to $2,500
  • If the person delivered drug paraphernalia to someone under 18 years old, and the person who delivered it was three or more years older than the minor: up to two years of imprisonment and a fine of up to $5,000

Creating a noncontrolled depressant or stimulant § 780-113(a)(35):

  • Up to five years of imprisonment and a fine of up to $10,000

Manufacturing a designer drug (§ 780-113(a)(36))

  • Up to 15 years of imprisonment and a fine of up to $250,000

Manufacturing methamphetamine or phencyclidine (PCP) where any child under the age of 18 is present or where the manufacturing of those drugs causes any child to suffer bodily injury (§ 780-113(a)(38)(i-ii)):

  • Up to seven years of imprisonment and a fine of up to $25,000

Manufacturing amphetamines or methamphetamine

  • A conviction for manufacturing amphetamines or methamphetamine will result in a mandatory minimum sentence of two years imprisonment

Note: State laws are subject to change through the state legislature’s actions. Contact a Pennsylvania criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources

For more information about Pennsylvania’s controlled substances laws and drug laws in general, browse the following links:

For more information about other states’ drug laws, visit FindLaw’s State Codes Section.

Issues With Drug Manufacturing in Pennsylvania? An Attorney Can Help

Manufacturing controlled substances in Pennsylvania can lead to misdemeanor and felony charges. If law enforcement has charged you with a controlled substance crime, contact a Pennsylvania drug crimes attorney for help. A criminal defense lawyer’s legal advice and representation could significantly impact an ongoing criminal case. 

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