Pennsylvania Drug Possesion Laws and Penalties

 
Possession of a Controlled Substance (35 P.S. § 780-113(a)(16)) – Pennsylvania drug possession laws define possession of a controlled substance as “knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner, or except as otherwise authorized by this act.”

  • Penalties –  1st Offense – misdemeanor, up to 1 year in jail, maximum $5,000 fine, or both; Subsequent Offense – misdemeanor, up to 3 years in jail, maximum $25,000 fine, or both.

Possession with Intent to Deliver (35 P.S. § 780-113(a)(30)) –  Possession with Intent to Deliver (PWID) is defined as the “manufacture, delivery, or possession with the intent to manufacture or deliver a controlled substance by a person not registered or licensed by the appropriate State Board; or, creating, delivering, or possession with intent to deliver a counterfeit controlled substance.”

  • Penalties – The penalties for PWID under Pennsylvania drug possession laws vary greatly depending on the specific drug or drugs in question, as well as an individual’s prior criminal record and the facts of the particular case.  Penalties can range from misdemeanor charges with a 1 year maximum prison sentence to felony charges with up to 15 years in jail, up to a $250,000 fine, or both.  Learn more about the penalties for PWID under Pennsylvania drug possession laws.

Possession of Drug Paraphernalia (35 P.S. § 780-113(a)(32)) – Possession of drug paraphernalia is defined as “the use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.”  Pennsylvania drug possession laws apply to pipes, needles, scales, bongs, grinders or rolling papers.

  • Penalties – Misdemeanor offense, up to 1 year in jail, maximum $2,500 fine, or both. Additional penalties will apply if the offender is convicted of delivering such paraphernalia to a minor, as described above.

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