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.

How Does PA Define Possession of a Controlled Substance?

A controlled substance, under PA law, is any drug or substance, prescription or illicit, that is regulated by the government due to its potential for abuse. As such, it is illegal in Pennsylvania to possess a controlled substance without a valid prescription.

PA Controlled Substance Laws

The laws regarding controlled substances in Pennsylvania are part of the Controlled Substances, Drug, Device, and Cosmetic Act. This law clearly prohibits:

  • Possession of a controlled substance without a valid prescription or legal authorization
  • Obtaining a controlled substance through fraud

Knowing and Intentional Possession

Generally, in order to be convicted of drug possession in PA, the prosecution will need to prove that:

  • The substance found in your possession is a controlled substance
  • You knowingly and intentionally possessed the drug without legal authority

You should also note that “possession” can refer to actual or constructive possession. Actual possession means the drug was found on your person, such as in your pocket or backpack. Constructive possession means that it was not found on you, but in a location that you are aware of and exert control over, like in your room or car.

Controlled Substance Schedule

Both federal and Pennsylvania law categorize substances into five schedules based on their potential for abuse and accepted medical use.

Schedule I Substance:

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

Schedule II Substance:

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

Schedule III Substance:

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

Schedule IV Substance:

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

Schedule V Substance:

  • 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.

Simple Possession vs. Possession With Intent to Deliver

While possession of any controlled substance can result in criminal charges in Montgomery County, there is a considerable difference between simple possession, which is generally for personal use, and possession with intent to deliver or drug trafficking. As such, the penalties you can face for possession will depend on the charges against you.

Simple Drug Possession

If you are found with a small amount of a controlled substance, it will generally constitute a simple possession offense. It’s important to understand, however, that despite the fact that this generally warrants a misdemeanor, you can still face up to one year in jail and fines of up to $5,000 for a first offense. Subsequent offenses can carry up to three years in jail and up to $25,000 in fines. However, the sentence imposed will vary based on the circumstances of your case.

Possession of Marijuana

Pennsylvania law classifies possession of marijuana differently. This statute makes possession of a small amount of marijuana, typically 30 grams or less, a misdemeanor. However, it carries fewer penalties than other types of simple possession, with a maximum penalty of up to 30 days in jail.

Possession with Intent to Deliver (PWID)

In the event you are in possession of a large amount of controlled substances, or there is evidence that you intend to sell or deliver the drugs (such as baggies, sale logs, cellphone records), you can be charged with possession with intent to deliver. This carries heftier penalties, as this is often charged as a felony offense, which carries multiple years in jail and fines that range in the tens of thousands of dollars.

Factors That Affect Sentencing

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 or weight of the substance
  • Your prior criminal history
  • Whether or not a weapon was involved
  • If the offense occurred near a school or involved minors
  •  Your willingness to seek rehabilitation
  • The applicable Pennsylvania Sentencing Guidelines range for this offense and prior charges in accordance with 42 Pa.C.S. §2154

Speak with an Experienced Montgomery County Drug Lawyer Today

The penalties for possession of a controlled substance can be severe and significantly impact your life and future in Montgomery County. It is imperative that you obtain skilled representation of the team at Cohen & Patel Law Firm during your drug case to ensure you have the opportunity to explore all of your legal options. When you are facing criminal charges, do not hesitate to contact our team today to learn how we can represent you during these difficult times.