Pennsylvania Opioid, Opiate, and Heroin Laws

Pennsylvania Statutes

Title 35 - Health and Safety

• PA ST. 35 P.S. Section 780-101 (The Controlled Substance, Drug, Device and Cosmetic Act)
• PA ST. 35 P.S. Section 780-104 (drug schedules)
• PA ST. P.S. Section 780-113 (prohibited acts; penalties)

Title 18 - Crimes and Offenses

• PA ST 18 Pa. C.S.A. Section 7508 (drug trafficking sentencing and penalties)

• Acquiring or obtaining possession of a controlled substance (e.g., an opiate) by misrepresentation, fraud, forgery, deception, or subterfuge (§ 780-113(a)(12))
• Possessing opioids or opiates without authorization to possess it (§ 780-113(a)(16))
• Buying or receiving opioids or opiates from someone who is not authorized to sell or otherwise dispense it (§ 780-113(a)(19))
• The use, delivery, or possession of drug paraphernalia intended for the manufacture, processing, testing, analyzing, packing, storing, ingesting, or otherwise introducing opiates or opioids into the human body in violation of the law (§ 780-113(a)(32))

• Possession with intent to distribute (PWID): the manufacture, delivery, or possession with the intent to manufacture or deliver opiates or opioids 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))
• A practitioner or professional assistant cannot dispense, prescribe, or otherwise deliver an opioid or opiate 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. (§ 780-113(a)(14)).
• Delivering drug paraphernalia to a person under eighteen (18) years of age who is three or more years their junior. ((§ 780-113(a)(33)).

Per PA ST 18 Pa. C.S.A. § 7508, anyone convicted of selling, delivering, or possessing heroin, opioids, or opiates under the Controlled Substance, Drug, Device, and Cosmetic Act faces the following mandatory minimum sentences:

Between one to five grams of heroin:

• First offense: two years in prison and a fine of $5,000
• Subsequent drug trafficking offense: three years in prison and $10,000

Between five to 50 grams of heroin:

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

50 grams of heroin or more:

• First offense: five years in prison and a fine of $25,000
• Subsequent offense: seven years in prison and $50,000

Other relevant penalties for crimes listed above include the following:

• Selling counterfeit Schedule I or II drugs or misusing a license to sell drugs (§ 780-113(a)(12), (14), and (30)) (felony): up to 15 years in prison and a $250,000 fine
• Possession of a controlled substance (§ 780-113(a)(16))(misdemeanor): up to a one-year prison sentence and a fine of up to $5,000
• Purchasing a controlled substance (§ 780-113(a)(19))(misdemeanor): up to three years in prison and a fine of up to $5,000. If the convicted person has prior drug-related convictions, up to three years in prison and a fine of up to $25,000
• Use of drug paraphernalia (§ 780-113(a)(32))(misdemeanor): up to one year in prison and a fine of up to $2,500
• Sale or delivery of drug paraphernalia (§ 780-113(a)(33))(second-degree misdemeanor): up to two years in prison and a fine of up to $5,000