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
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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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- 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))
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Pennsylvania Heroin, Opiates, and Opioids Sales Offenses
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- 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)).
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Penalties
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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
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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:
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:
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.