Created by FindLaw's team of legal writers and editors | Last updated March 28, 2018
Heroin and other narcotics remain illegal under both federal and state laws. Most states (including Pennsylvania) classify opiates and other hard drugs as Schedule I drugs, meaning they have the highest potential for abuse and thus carry heavy criminal penalties. Federal charges may apply if crimes involve multiple states or are part of a federal investigation. But many states now offer drug treatment programs for non-violent first offenders who plead guilty to state charges, providing an alternative to incarceration.
Under Pennsylvania heroin laws, simple possession of less than 1 gram of heroin (including other opiates and synthetic opioids) is charged as a misdemeanor, which carries a maximum penalty of one year in jail for a first offense. Subsequent offenses can result in prison terms of up to three years.
It is also a separate crime to buy heroin in Pennsylvania, although defendants charged with simple possession rarely face the additional charges. Additionally, the state makes it a misdemeanor to be in possession of heroin paraphernalia, whether or not it contains residue of the drug. For instance, possession of a syringe, spoon, and lighter may qualify as paraphernalia.
You may also qualify for Pennsylvania's drug court program. Typically, the drug court consists of a judge, prosecutor, defense counsel, treatment provider, probation officers, and others. The goal of drug court programs -- which require frequent drug testing and drug counseling sessions during a probation period -- is to treat addicts and reduce recidivism.
Charges for dealers and traffickers are much more serious and charged as felonies, up to 15 years in prison, with mandatory minimum sentences guaranteeing some amount of incarceration. The sale of heroin to a minor can result in double penalties.
Scroll down for a basic synopsis of Pennsylvania heroin laws. See FindLaw's Drug Charges section for more related articles and resources.
| Code Section | Tit. 35 §780-101, et seq. |
| Possession | Misdemeanor, 1 yr. and/or $5000; Subsequent offense: 3 yrs. and/or $25,000 |
| Sale | Felony, 15 yrs. and/or $250,00 or higher fine if necessary to recover drug profit; Subsequent offense or sale to minor: double penalties |
| Trafficking | - |
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.
If you or someone you care about has been arrested and charged with a drug crime involving heroin, you'll want to get sound legal advice before agreeing to a plea bargain or attempting to go to trial. You can begin this process today by contacting a drug crime lawyer in Pennsylvania to discuss your case and learn about your options moving forward.
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