In Pennsylvania, fentanyl possession is considered a serious criminal offense. Classified as a Schedule II controlled substance, fentanyl is recognized for its high potential for abuse and dependence. Under Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act, it’s unlawful to possess fentanyl without a valid prescription. Anyone found with fentanyl may face charges under statute 35 P.S. § 780-113(a)(16).

That said, if you’re currently facing fentanyl possession charges in Pennsylvania, you must continue reading and speak with a seasoned Montgomery County drug crime lawyer to learn about the penalties you may face and how our firm can help you fight them. Here are some of the questions you may have:

What Are the Consequences of Fentanyl Possession Charges in PA?

Penalties vary significantly depending on several factors. First-time offenders can expect severe consequences. Possessing less than one gram of fentanyl might lead to a misdemeanor charge, carrying a maximum sentence of one year in jail and a fine up to $5,000.

If the amount exceeds one gram but is under five grams, the charges escalate to a felony, which could result in up to three years in prison and fines reaching $25,000. Individuals caught with over five grams face even stiffer penalties, reflecting the gravity of their offenses.

Additionally, repeat offenders or those with prior felony drug convictions will face enhanced penalties, which underscores the state’s commitment to deterring drug abuse. These measures demonstrate Pennsylvania’s firm stance against drug-related crimes, particularly those involving potent substances like fentanyl.

How Can a Criminal Defense Lawyer Help?

If you’re facing charges for fentanyl possession, consulting with an experienced criminal defense lawyer is crucial. A skilled attorney will understand the complexities of drug laws in Pennsylvania. They can provide a robust defense by challenging the evidence presented against you.

Strategies might include questioning the legality of the search and seizure that led to the discovery of fentanyl. Your lawyer might also negotiate with prosecutors to reduce charges or penalties, especially if it’s a first-time offense or if extenuating circumstances apply. For those eligible, participating in a drug treatment program instead of serving jail time might be an option, highlighting alternative rehabilitative measures over punitive responses.

Throughout this process, your attorney will advocate for your rights, aiming to achieve the best possible outcome in your case.

If you have further questions about fentanyl possession charges in Pennsylvania, or if you need the assistance of a competent criminal defense attorney, simply contact Cohen & Patel today. We are here to defend your rights and future, every step of the way.