Pennsylvania Drug Possession Laws and Penalties

Pennsylvania Drug Possession Laws and Penalties

Getting charged with drug possession in Pennsylvania can lead to severe consequences like jail time, fines, and driver’s license suspension. But the specific penalties depend on a bunch of factors – the type of drug, the amount you had, if you’ve been convicted before, and whether it was for personal use or intent to distribute. This article will break it all down in simple terms so you understand your rights and potential penalties if charged.

What is Considered “Drug Possession” in Pennsylvania?

There are two main categories of drug possession charges in PA:

• Simple Possession – Having an illegal drug for personal use. This usually means a small amount intended for use rather than sale/distribution.
• Possession with Intent to Distribute (PWID) – Having an illegal drug with the intent to sell or distribute it. The amount you have often distinguishes if it’s for personal use or intent to distribute.

Penalties for Simple Possession in Pennsylvania

Penalties for simple possession of illegal drugs in PA depend on a few factors:

• The type and amount of drug
• If it’s a first offense or repeat offense
• There are mandatory minimum sentences for some drugs like heroin and fentanyl

Here are the potential simple possession penalties:

• First offense – Up to 1 year in jail and $5,000 fine. This applies to most illegal drugs under 30 grams like cocaine, meth, ecstasy, LSD, PCP etc.
• Second offense – Up to 3 years in jail and $25,000 fine.
• Marijuana – Up to 30 days jail and $500 fine for under 30 grams. Over 30 grams can be up to 1 year jail and $5,000 fine.
• Heroin – Mandatory minimum 1 year jail and $5,000 fine, even for under 1 gram.
• Fentanyl – Mandatory minimum 2 years jail and $5,000 fine for any amount, even residue.
• Prescription drugs – Penalties vary based on the substance and amount.

In addition to criminal penalties, your driver’s license will be suspended for a drug conviction in PA. The suspension length depends on if it’s a first or repeat offense.

Penalties for Possession with Intent to Distribute (PWID) in Pennsylvania

PWID charges have much harsher penalties than simple possession in PA. The penalties increase based on the type and amount of drug involved:

• 2-10 grams of drugs like heroin, cocaine, meth – 2 years minimum jail for first offense.
• 10-100 grams of those drugs – 3 years minimum jail for first offense.
• 100+ grams – 5 years minimum jail for first offense.
• Maximum fines from $5,000-$25,000 depending on drug type and amount.
• Harsher penalties for sales to minors or within 1,000 feet of a school.

PWID charges can lead to very lengthy prison sentences along with large fines. You need an experienced criminal defense lawyer to fight these types of charges.

Penalties for Drug Possession in a School Zone

Pennsylvania has strict “drug-free school zone” laws. Any drug violations within 1,000 feet of a school or school bus stop have enhanced penalties:

• An additional 2-4 years mandatory minimum jail sentence.
• This applies to simple possession, PWID, or distribution to minors.

School zone charges should not be taken lightly. The mandatory minimum sentences cannot be waived for first-time offenders.

Penalties for Drug Paraphernalia Possession

It’s illegal in PA to possess drug paraphernalia – items used to produce, conceal or consume illegal drugs. Charges can include:

• Pipes
• Bongs
• Scales
• Rolling papers
• Plastic bags

Penalties for paraphernalia possession include:

• Up to 1 year in jail
• $2,500 fine
• Harsher penalties for distribution to minors

How Prior Drug Convictions Affect Penalties

If you already have a past drug conviction, any subsequent offense will face harsher penalties. For example:

• A second simple possession charge can double the possible fine and jail sentence.
• A prior PWID conviction can add years to a potential prison sentence for a new charge.
• Three PWID convictions means a mandatory minimum 5 year prison sentence.

Defendants with multiple prior drug convictions can be treated as “habitual offenders”. This exposes them to far lengthier incarceration.

Additional Consequences of a PA Drug Conviction

Beyond jail time and fines, a drug conviction can negatively impact many aspects of your life:

• Employment – Many employers conduct background checks and will not hire someone with a drug conviction.
• Student loans – Drug convictions can make you ineligible for federal student aid.
• Public housing – May be banned from public housing with a felony drug conviction.
• Gun ownership – Cannot legally own a gun with a drug conviction.

These “collateral consequences” can make it very difficult to get your life back on track after a conviction. An experienced drug crimes lawyer can help minimize the penalties and impact on your future.

Defenses to Drug Possession Charges in PA

There are several legal defenses that an attorney may use to get drug charges reduced or dismissed in Pennsylvania:

• Illegal search – If the police did not have probable cause or a warrant to perform the search that discovered the drugs. Any evidence found may be suppressed.
• Improper testing – The reliability of the drug testing methods can be challenged.
• No possession – Argue the drugs did not actually belong to you.
• Entrapment – You were illegally coerced or manipulated into committing the offense.

An experienced drug crimes lawyer will thoroughly analyze the details of your case to determine the best defense strategy.

First Offender Programs in Pennsylvania

For certain low-level drug possession charges, first-time offenders may be eligible for special programs that allow you to avoid a conviction:

• ARD Program – Accelerated Rehabilitative Disposition for non-violent offenses. Charges dismissed after probation.
• Section 17 Probation – Probation and treatment program instead of conviction.
• Section 35 Treatment – Court-supervised inpatient or outpatient drug treatment.

These programs are only available in some counties and for possession of small drug amounts. An attorney can advise if you qualify for any first offender programs.

Finding the Right PA Drug Crimes Lawyer

Getting charged with drug possession or PWID in Pennsylvania can be scary. But an experienced criminal defense lawyer can help protect your rights at this critical time. Look for an attorney who:

• Focuses specifically on drug crimes defense
• Has a proven track record of positive case results
• Will carefully examine your case details and defense options
• Guides you through the legal process and fights aggressively on your behalf

Don’t take chances with your future. Contact a dedicated drug crimes lawyer for help fighting the charges against you. Be proactive in protecting your rights and minimizing penalties so you can move forward with your life.