Possession of a controlled substance is a serious offense in Pennsylvania, and the penalties associated with a conviction can be severe. The legal repercussions of illicit drug possession will vary depending on the type of drug involved, the amount in your possession, and other factors unique to your situation. If you were arrested for possession of a controlled substance it is crucial that you obtain the help of a knowledgeable Montgomery County drug lawyer for representation and skilled legal advice in your case.

What Constitutes Possession of a Controlled Substance?

Under Pennsylvania law, possession of a controlled substance is defined as knowingly and intentionally possessing a drug without a valid prescription or some legal authority. Controlled substances are categorized into five schedules based on their potential for abuse and accepted medical use.

Schedule I:

  • High potential for abuse
  • No accepted medical use in the United States
  • Ex. Heroin, LSD, ecstasy

Schedule II:

  • High potential for abuse
  • Accepted medical use in the U.S.
  • Ex. Cocaine, methamphetamine, oxycodone

Schedule III:

  • Moderate potential for abuse
  • Accepted medical use in the U.S.
  • Ex. Testosterone, Tylenol with codeine, ketamine

Schedule IV:

  • Lower potential for abuse
  • Accepted medical use in the U.S.
  • Ex. Xanax, Valium, Tramadol

Schedule V:

  • Least potential for abuse
  • Accepted medical use in the U.S.
  • Ex. Lyrica, Robitussin AC, Lomotil

Possessing any of the above without a valid prescription can result in a criminal charge.

What Are the Penalties for Possession of a Controlled Substance in PA?

If you are convicted of possessing a controlled substance without a valid prescription or authority, you will likely face jail time, fines, license suspension, community service, probation, and more. The details of your sentence will vary depending on many factors including the type of drug you were in possession of, the amount, your prior criminal history, your willingness to seek rehabilitation, and more.

Depending on the specific circumstances of your situation, the actual penalties will vary. However, below are the general sentencing guidelines for possession of a controlled substance in Pennsylvania.

Schedule V drugs:

  • Misdemeanor
  • Up to 1 year in prison
  • Fines of up to $5,000

Schedule IV drugs:

  • Felony
  • Up to 3 years in prison
  • Fines of up to $10,000

Schedule I, II, or III drugs:

  • Felony
  • Up to 5 years in prison
  • Fines of up to $15,000

1,000 pounds or more of certain controlled drugs:

  • Felony
  • Up to 10 years in prison
  • Fines of up to $100,000

Schedule I or II narcotic drugs:

  • Felony
  • Up to 15 years in prison
  • Fines of up to $250,000

The penalties for possession of a controlled substance can be severe and significantly impact your life and future. It is imperative that you obtain skilled representation during your drug case to ensure you have the opportunity to explore all of your legal options.