Pennsylvania Opioid, Opiate, and Heroin Laws
By Samuel Strom, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 01, 2024
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The Commonwealth of Pennsylvania classifies all controlled substances into one of five schedules. Schedule I drugs are those that have a high potential for abuse and dependence with no recognized medical use. Schedule II drugs also have a high potential for abuse and dependence, but they have some recognized medical uses.
Pennsylvania classifies over 70 opioids and opiates, including heroin and fentanyl, as Schedule I drugs. It also classifies over 20 opioids and opiates as Schedule II drugs, like fentanyl and oxycodone (a prescription drug).
Possessing or selling heroin or other illegal drugs in Pennsylvania can bring either misdemeanor or felony drug charges. Simple possession charges impose little jail time and a small fine. Serious offenses are felony charges carrying mandatory minimum sentencing and fines in the hundreds of thousands of dollars.
The chart below provides a brief explanation of Pennsylvania's criminal laws regarding the sale and possession of heroin. For more information about drug offenses, read FindLaw's Drug Charges article.
Pennsylvania Heroin, Opiates, and Opioids Laws Code Section |
Pennsylvania Statutes Title 35 - Health and Safety
Title 18 - Crimes and Offenses
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Pennsylvania Heroin, Opioids, and Opiates Possession Offenses |
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Pennsylvania Heroin, Opiates, and Opioids Sales Offenses |
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Penalties |
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:
Between five to 50 grams of heroin:
50 grams of heroin or more:
Other relevant penalties for crimes listed above include the following:
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Note: Pennsylvania laws can change often. Contact a Pennsylvania criminal defense attorney or conduct your own research confirm current state law.
Pennsylvania Heroin, Opioids, and Opiates Laws: Related Resources
Browse the following links for more information about Pennsylvania's laws and drug crimes:
- Pennsylvania Law
- Pennsylvania Criminal Laws
- Pennsylvania Criminal Statute of Limitations Laws
- Pennsylvania Legal Research
- Pennsylvania Cocaine Laws
- Pennsylvania Drug Manufacturing Laws
- Pennsylvania Drug Possession Laws
- Drug Trafficking and Distribution
- Drug Cultivation and Manufacturing
- Drug Possession Penalties and Sentencing
- Drug Possession Overview
In addition, the Pennsylvania Department of Drug and Alcohol Programs offers resources and treatment programs to people who may struggle with drug addiction.
Arrested for Violating Pennsylvania Heroin, Opiate, or Opioid Laws? Talk With an Attorney
If Pennsylvania law enforcement charges you with a drug crime, contact a criminal defense lawyer who specializes in drug crime. An experienced attorney can provide valuable legal advice regarding your defenses in a criminal case, including when the government charges you with violating drug laws. Your lawyer can provide you with specific information about the following:
- How the amount of marijuana or other narcotic drugs (like methamphetamine, MDMA, or PCP) you had will affect your charges and potential criminal sentence
- Whether drug court is an option if this is your first offense or a subsequent offense
- Defense strategies for your specific criminal charges
- How your criminal record can affect the trial, a criminal sentence, and plea bargain negotiations
- How possession charges or a DUI conviction could affect your rights
If you are facing criminal charges related to heroin possession, speaking with a criminal defense attorney near you is a necessity. Their legal advice could make the difference in your criminal case.
Can I Solve This on My Own or Do I Need an Attorney?
- Complex drug crimes usually require a lawyer
- Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
- Drug crime laws involve many specifics that can quickly change a case
Get tailored legal advice and ask a lawyer questions. Many Pennsylvania attorneys offer free consultations for Drug Crime.
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