Attorney for Drug Possession in Pennsylvania
In Pennsylvania, a drug possession charge carries serious penalties. A first offense may lead to jail time, fines, and a criminal record. More serious charges, like possession with intent to deliver, may result in decades in prison and fines reaching hundreds of thousands of dollars. Not only that, drug charges affect more than your freedom. They can cost you job opportunities, strain your finances, and place stress on your family.
In these cases, working with an experienced attorney for drug possession is a must. A drug defense attorney can examine the evidence, challenge how it was obtained, and work to reduce or dismiss the charges.
At Ethen Ostroff Law, our team of drug crime lawyers handles both misdemeanor and felony cases across Pennsylvania. We provide straightforward guidance and strong representation for people facing drug possession charges.
In this article, we explain how drug possession is defined in Pennsylvania, the penalties involved, possible defenses, and how a drug charge defense attorney can help.
Drug Abuse in Pennsylvania
Pennsylvania continues to struggle with drug abuse. It drives arrest numbers, treatment admissions, and overdose deaths. Opioids and heroin are still the most dangerous drugs causing problems across the state. In fiscal year 2024, Pennsylvania reported 1,465 federal drug cases to the U.S. Sentencing Commission. That figure includes both trafficking and simple possession cases. Out of those, 609 people were sentenced under federal drug guidelines, showing how seriously drug charges are handled in the system.
Common Illegal Drugs in Pennsylvania
Pennsylvania law lists hundreds of controlled substances, but the ones that most often lead to arrests include:
- Marijuana
- Cocaine (powder and crack)
- Heroin
- Prescription painkillers like Percocet, OxyContin, and Vicodin
- Methamphetamine
- PCP
- Synthetic drugs such as bath salts, K2, or spice
- Xanax and other prescriptions when taken illegally
- Ecstasy (MDMA) and hallucinogens like LSD
Pennsylvania's Drug Schedules
Both Pennsylvania and the federal government divide drugs into five groups, called “schedules.” These schedules are based on how addictive a substance is, whether it has any accepted medical use, and how dangerous it is considered. The lower the schedule number, the harsher the penalties usually are for possession.
- Schedule I
Highest potential for abuse.
No accepted medical use.
Examples: heroin, LSD, MDMA (Ecstasy, Molly), marijuana, bath salts.
- Schedule II
High risk of addiction but some limited medical use.
Tightly controlled, even with a prescription.
Examples: cocaine, methamphetamine, oxycodone (Percocet, OxyContin), fentanyl, morphine, Ritalin.
- Schedule III
Moderate risk of abuse and dependence.
Examples: ketamine, anabolic steroids, testosterone, Tylenol with codeine, buprenorphine.
- Schedule IV
Lower risk compared to Schedule III.
Commonly prescribed for anxiety, sleep, or pain.
Examples: Xanax, Valium, Ativan, Klonopin, Ambien, Soma, Tramadol.
- Schedule V
Lowest risk of abuse.
Usually, medications with small amounts of narcotics.
Examples: cough syrup with codeine (Robitussin AC), Lomotil, Lyrica.
The schedule of the drug in your case affects the penalties you face. Substances in Schedules I and II usually bring the toughest consequences. Schedules III through V carry less severe punishments.
Drug Crime Charges in Pennsylvania
Pennsylvania separates controlled substances into five schedules, ranked by medical use and risk of abuse. Drug charges usually fall into two groups: simple possession, which is tied to personal use, and PWID, which is treated much more seriously and often charged as a felony.
- Drug Possession
Possession is usually the least serious drug charge, but the consequences are still real. A conviction may bring fines, probation, mandatory drug treatment, or jail time depending on the substance and the amount. Having larger quantities, even for personal use, often pushes prosecutors to argue for possession with intent to deliver.
- Drug Trafficking
Trafficking is one of the most serious drug offenses in Pennsylvania. A conviction often results in long prison sentences and heavy fines. Prosecutors rely heavily on the type and quantity of drugs when trying to prove that someone intended to sell or move them in bulk.
- Drug Distribution (PWID)
Distribution, also called PWID, means prosecutors believe you planned to sell or deliver drugs to another person. This charge is a felony and usually brings mandatory prison time. The state must prove that you manufactured, grew, bought, or received drugs with the purpose of handing them off to others.
- Manufacturing
Manufacturing charges apply to the illegal production of controlled substances. This may involve:
- Running or working in a drug lab
- Collaborating with others to make drugs
- Growing plants used to create drugs
You do not need to be caught in the act to face manufacturing charges. Being tied to equipment, supplies, or a production space is often enough for prosecutors to build a case.
What Makes a Drug Crime Federal
A drug crime can turn into a federal case if it goes beyond one state or breaks certain federal rules. This usually happens when drugs or related activity cross state or international lines. Some common situations include:
- Moving drugs from one state to another
- Selling or delivering drugs that cross state lines
- Sending drugs through the mail or with delivery services
- Smuggling drugs into or out of the country
- Working with people in other states or countries to sell or move drugs
- Using the internet or other online tools to sell or distribute drugs across state or national borders
- Transporting drugs on airplanes, boats on federal waters, or other federally controlled transport
- Handling large amounts of drugs over federal limits
- Using money from drug sales to hide or move it illegally
Federal charges usually bring stiffer penalties than state charges. These cases are taken seriously because they affect national safety, interstate commerce, and international borders. Government agencies like the DEA, FBI, and Customs handle them.
Pennsylvania Drug Possession Laws
Drug possession is one of the most frequently charged drug crimes in Pennsylvania. Cases often involve heroin, cocaine, marijuana, methamphetamine, or prescription drugs obtained without a valid prescription.
Under 35 P.S. § 780-113(a)(16), possession means knowingly or intentionally having a controlled substance without proper authorization. Penalties depend on the drug, the amount, and any prior offenses.
Pennsylvania divides drugs into five schedules, from Schedule I to Schedule V, based on how addictive they are and whether they have medical use. Charges usually fall into two categories:
- Simple possession: for personal use.
- Possession with intent to deliver (PWID): treated much more seriously with harsher penalties.
General controlled substances (non-marijuana)
- First offense: misdemeanor, up to 1 year in jail, $5,000 fine.
- Repeat offenses: up to 3 years in prison, $25,000 fine.
Marijuana possession penalties
- 30 grams or less: misdemeanor, up to 30 days in jail, $500 fine.
- More than 30 grams: misdemeanor, up to 1 year in jail, $5,000 fine.
- Repeat offenses: up to 3 years in jail and $25,000 fine.
- Intent to distribute more than 30 grams: up to 10 years in prison and $100,000 fine.
Other controlled substances (heroin, cocaine, methamphetamine, etc.)
- First offense: up to 1 year in jail and $5,000 fine.
- Repeat offenses: up to 3 years or more, depending on the amount.
- PWID with 2 to 10 grams of heroin: at least 2 years in prison and $5,000 fine, increasing with larger amounts.
- Drugs like MDMA: 3 to 7 years in prison and up to $50,000 in fines.
Not knowing the drug schedules is not a defense. First-time offenders may be eligible for probation or treatment instead of jail, but repeat offenders face much tougher sentences. Because the laws change and the penalties are severe, having an attorney drug defense is essential.
Consequences of a Drug Possession Conviction
A drug possession conviction in Pennsylvania touches many parts of life.
- First-time simple possession carries up to 1 year in jail and $5,000 in fines
- Repeat offenses can mean up to 3 years in prison and $25,000 in fines
- Certain drugs, like fentanyl, have mandatory minimum sentences starting at 2 years
- PWID can result in several years to more than 10 years in prison, plus heavy fines
- PennDOT may suspend your driver’s license depending on your record
- The conviction stays on your record and can affect future opportunities
Other parts of life may also be affected
- Background checks may make finding or keeping a job harder
- Landlords or housing programs may turn down applications
- Federal student aid may be limited or denied
- Professional licenses for teachers, nurses, or lawyers may be suspended or revoked
- Reputation and relationships may be damaged
- Custody or visitation rights may be affected
Some people may qualify for alternatives. First-time or lower-level offenders may be eligible for probation, diversion, or treatment programs. These options reduce penalties and focus on recovery. Getting help from an attorney for drug possession is the best way to protect your rights and explore your options.
Drug Sentencing Penalties and Federal Offenses
Drug crimes can range from minor misdemeanors to serious felonies, including federal charges. How you are punished depends on several factors:
- Larger amounts of drugs result in harsher penalties
- If the drugs were meant to be sold, penalties are higher
- Producing drugs is treated more seriously than just having them
- Being near a school or other protected area increases penalties
- Previous drug offenses make penalties stricter
In Pennsylvania, each drug crime has a gravity score that shows how serious it is. Even if you know your score, the state’s penalty rules are complicated. Speaking with a drug charges lawyer is the best way to understand your situation, what you are facing, and what you can do.
Defenses for Drug Crimes
Being charged with a drug crime does not automatically lead to a conviction. In many cases, there are defenses that could challenge the charges.
- Illegal search
Police need a valid reason or a warrant to search you, your car, or your home. If they don’t, evidence they find may not be used in court
- Drugs belong to someone else
If the drugs were not yours and you didn’t know about them, that can be a defense
- Entrapment
If law enforcement pushed you into committing a crime you had no plan to commit, this can be used to fight the charge
- Problems with the evidence
The prosecution must prove the substance is illegal. Mistakes with testing, lab results, or handling of evidence can be challenged
- No possession
Prosecutors must show you knowingly had the drugs. If you didn’t, it can weaken the case against you
- Weak evidence
If the evidence is inconsistent, circumstantial, or incomplete, it may not be enough to convict
To be convicted, prosecutors must prove beyond a reasonable doubt that you knowingly had an illegal substance. A drug defense attorney familiar with Pennsylvania and federal law can help identify defenses and protect your rights.
What to Do After a Drug Possession Charge in Pennsylvania
Being charged with drug possession can feel intense, and the steps you take right after matter for your case.
- Hire a drug crime lawyer
If you have been charged, contact a criminal defense attorney as soon as possible. Look for a drug defense attorney who has experience with cases like yours. Check their background, education, past results, and client reviews before scheduling a consultation. Your drug charges lawyer can guide your defense, handle negotiations, and protect your future.
- Exercise your right to remain silent
Do not discuss your charges with anyone or answer questions from police without your drug charge defense attorney present. This includes social media, texts, or casual conversations. Asking to have your lawyer present is your legal right. Your lawyer can respond on your behalf to prevent self-incrimination or accidental false statements.
- Trust your attorney for drug possession to guide communication
Your attorney won’t speak for you without consulting you first. They act as a legal voice, making sure your rights are protected while you focus on the next steps. Staying silent and letting your lawyer handle communication is one of the most important ways to protect yourself.
How an Attorney for Drug Possession Can Help You
Everyone facing a drug possession charge deserves legal representation because it’s a serious offense. A drug charges lawyer can look over your case, check the evidence, and explain your options.
They may:
- Challenge any searches or seizures that weren’t legal
- Ask the court to reduce or remove bail so you aren’t stuck in jail unnecessarily
- Help get your driver’s license returned if it was taken away
- Go over the charges carefully to spot errors or weak spots
- Gather evidence and talk to witnesses who can support your side
- Look into all options, from plea deals to programs like drug court that could help you avoid harsher penalties
Drug Crime Lawyers at Ethen Ostroff Law
If you’re facing a drug possession charge, you’re probably worried about what comes next. We get it.
At Ethen Ostroff Law, we focus on these cases specifically. We dig into the details of what happened, including how the evidence was gathered, or if the charges were filed correctly. It’s often the small things that change everything. Our job is to find every possible way to soften the blow of this situation or even get you out of it. That could mean negotiating a deal for you or seeing if a program like drug court is an option.
Whatever we do, the goal is the same: to protect you, your rights, and your future. Our drug crime lawyers will be straight with you. We’ll explain how everything works, lay out your choices, and help you decide what’s best. You’ll be dealing directly with us.
If you need a lawyer for a drug charge, give us a call. We’ll sit down with you for free and review your case.