In the Commonwealth of Pennsylvania, unlawful possession of a controlled substance can lead to misdemeanor or felony charges. A simple possession charge, in which you possess a small amount of a controlled substance for personal use, can bring misdemeanor charges. Possessing a large amount of a controlled substance can lead to felony charges that bring significant jail time and fines.
Pennsylvania classifies every controlled substance into five different schedules:
- Schedule I drugs have a high potential for abuse, no accepted medical uses in the United States, and a lack of accepted safety even under medical supervision. Examples include heroin, fentanyl derivatives, marijuana, and MDMA.
- Schedule II drugs also have a high potential for abuse and dependence but have some accepted medical uses with severe restrictions. Examples include cocaine, methamphetamine, opium, and PCP.
- Schedule III controlled substances are drugs that have a lower potential for abuse and dependence than those listed in Schedules I and II and a well-documented and accepted medical use. Examples include anabolic steroids, ketamine, and testosterone.
- Schedule IV drugs are those that have a low potential for abuse relative to those in Schedule III, have accepted medical uses, and have a limited risk for dependence compared to Schedule III drugs. Examples include barbital and tramadol.
- Schedule V drugs have a lower potential for abuse and dependence relative to Schedule IV drugs and have accepted medical uses in the United States. Examples include mixtures containing small amounts of codeine and opium.
Possession of Schedule I or II drugs is a more severe drug crime than lower-classified controlled substances. Small amounts can still incur large penalties.
Pennsylvania Controlled Substance Possession Charges
The chart below explains Pennsylvania’s controlled substance laws and applicable penalties. For more information, visit FindLaw’s Drug Charges section.
Pennsylvania Drug Possession Laws Code Sections
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Pennsylvania Statutes
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Pennsylvania Drug Possession Crimes
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A person who engages in any of the following acts violates Pennsylvania’s controlled substances possession laws:
- Possession of any controlled substance, other drug, device, or cosmetic that is adulterated or misbranded (§ 780-113(a)(1))
- Acquiring or obtaining possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge (§ 780-113(a)(12))
- Possessing a controlled substance without authorization to possess it (§ 780-113(a)(16))
- Buying a controlled substance from someone who is not authorized to sell or otherwise dispense it (§ 780-113(a)(19))
- Possession of a controlled substance with the intent to manufacture or deliver (PWID) it by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering, or possessing with intent to deliver, a counterfeit controlled substance (§ 780-113(a)(30))
- Possessing 30 grams of marijuana (or eight grams of hashish) or less for personal use or with the intent to distribute it (but not sell it) (§ 780-113(a)(31))
- The use, delivery, or possession of drug paraphernalia intended for the manufacture, processing, possession, testing, analyzing, packing, storing, ingesting, or otherwise introducing controlled substances into the human body in violation of the law (§ 780-113(a)(32))
- Possessing a noncontrolled substance other than a prescription drug that has a stimulant or depressant effect and substantially resembles a specific controlled substance with the intent to distribute or sell it (§ 780-113(a)(35))
- Manufacturing, distributing, or possessing a designer drug with the intent to distribute or possess it (§ 780-113(a)(36))
- Possessing more than thirty doses of a dispensed prescription or more than three trade packages of any anabolic steroids (except by a registrant) (§ 780-113(a)(37).
- Possessing ephedrine, pseudoephedrine, or phenylpropanolamine, or any of their salts, optical isomers, or salts of optical isomers with the intent to manufacture methamphetamine (§ 780-113(a)(39))
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Pennsylvania Criminal Penalties for Drug Possession
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Upon conviction for the above possession crimes, the following criminal penalties apply:
Possessing a controlled substance without authorization to possess it (§ 780-113(a)(16)):
- First offense (misdemeanor): up to one year of imprisonment and a fine of up to $5,000
- Subsequent drug conviction: up to three years of imprisonment and a fine of up to $25,000
Possession of a controlled substance with the intent to manufacture or deliver (PWID) it by a person not registered under this act (§ 780-113(a)(30)):
- If the offense involved a Schedule I or II controlled substance: up to 15 years of imprisonment and a fine of up to $250,000
- If the offense involved PCP, methamphetamine, cocaine, or over 1000 pounds of marijuana: up to 10 years of imprisonment and a fine of up to $100,000
- If the offense involved any other Schedule I, II, or III controlled substance: up to five years of imprisonment and a fine of up to $15,000
- If the offense involved a Schedule IV controlled substance: up to three years of imprisonment and a fine of up to $10,000
- If the offense involved a Schedule V controlled substance: up to one year of imprisonment and a fine of up to $5,000
Buying a controlled substance from someone who is not authorized to sell or otherwise dispense it (§ 780-113(a)(19))
- First offense: up to three years of imprisonment and a fine of up to $5,000
- Subsequent drug conviction: up to three years of imprisonment and a fine of up to $25,000
Possessing 30 grams of marijuana (or eight grams of hashish) or less for personal use or with the intent to distribute it (but not sell it) (§ 780-113(a)(31)):
- Up to 30 days of imprisonment and a fine of up to $500
The use, delivery, or possession of drug paraphernalia (§ 780-113(a)(32)):
- Up to one year of imprisonment and a fine of up to $2,500
Possessing a noncontrolled substance other than a prescription drug that has a stimulant or depressant effect (§ 780-113(a)(35)):
- Up to five years of imprisonment and a fine of up to $10,000
Manufacturing, distributing, or possessing a designer drug with the intent to distribute or possess it (§ 780-113(a)(36)):
- Up to 15 years of imprisonment and a fine of up to $250,000
Possessing ephedrine, pseudoephedrine, or phenylpropanolamine with the intent to manufacture methamphetamine (§ 780-113(a)(39)):
- First offense: up to six months of imprisonment and a fine of up to $10,000
- Subsequent drug conviction: up to two years of imprisonment and a fine of up to $25,000
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Note: Pennsylvania state laws often change. Contact a Pennsylvania drug crime attorney or conduct your own legal research to confirm current state laws.
Pennsylvania Drug Possession Charges Related Resources:
For more information about Pennsylvania’s drug laws and controlled substances generally, browse the following links:
In addition, FindLaw’s State Codes Section has links to every state’s laws.
Facing Drug Possession Charges in Pennsylvania? Talk to an Attorney
If law enforcement charges you with a drug offense, speak with a criminal defense lawyer to ensure you get a chance for the best possible outcome in your criminal case. An experienced Pennsylvania drug crime attorney can provide you with specific legal advice for your case, such as:
- How a prior criminal record involving possession of marijuana or other illegal drugs could affect your criminal case and rights
- How possession of a controlled substance charges or DUI charges could affect your driver’s license
- Whether law enforcement had sufficient probable cause to search you
- Questions you may have about mandatory minimum sentencing or maximum fines for your charges
- Defense strategies for your criminal case
Even possessing a small amount of marijuana or other types of drugs can lead to jail time in Pennsylvania. Contact a criminal defense attorney for help with a criminal case involving a possession offense.
