Created by FindLaw's team of legal writers and editors | Last reviewed March 28, 2018
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In Pennsylvania, it is a crime to possess illegal or controlled substances such as marijuana, cocaine, methamphetamines, and other drugs. A defendant will be found guilty of drug possession if the prosecutor proves beyond a reasonable doubt that he/she knowingly and intentionally possessed a controlled substance. If the defendant has a valid prescription or physician's order for the drug, then he/she may not be charged. Also, if the defendant is a registered or licensed practitioner who has a license under the appropriate Pennsylvania State Board, he/she may not be charged with possession.
NOTE: Addiction is not a defense.
Penalties for drug possession vary widely depending on the type of drug and how much of it was found in the defendant's possession. Possession of less than 30 grams of marijuana will be an ungraded misdemeanor. This carries a penalty of up to 30 days in prison and/or a fine of up to $500.
For other narcotic drugs, the defendant can be charged with a felony and may receive a sentence of up to fifteen years in prison and/or a fine of up to $250,000 or more if necessary to exhaust the assets and profits built up from the illegal activity. Depending on the type of drug, the amount found in possession, and the classification the state puts them in, penalties may range from minor probation or fines to lengthy periods in jail and large fines.
While some states have legalized possession of marijuana for medical use with a physician's recommendation, it is still considered illegal in all cases under federal law. See FindLaw's overview of medical marijuana laws for more information.
Below you will find more information about drug possession charges in Pennsylvania.
Code Section |
Pennsylvania Health and Safety Code, Title 35, Section 780-113 et. seq. (Scroll down to subsections 30 - 33) |
Defenses |
|
Penalties |
See above, misdemeanor or felony |
Addiction a defense? |
No |
Note: State laws are constantly changing -- please contact a Pennsylvania criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
Whether you're charged with possession of cocaine, heroin, methamphetamine, or some new designer drug, the laws are tough when it comes to illegal substances in Pennsylvania. If you have questions about your case including possible penalties, the impact a conviction will have on your criminal history, and more, you can get those questions answered by speaking with a drug crime lawyer in Pennsylvania today.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Pennsylvania attorneys offer free consultations for Drug Crime.