Facing drug possession charges in the Commonwealth of Pennsylvania can be daunting.  Pennsylvania's drug possession laws can bring severe consequences, including steep fines and imprisonment.  For anyone living in or visiting Pennsylvania, it's crucial to be aware of these laws to avoid potential legal troubles.

Understanding Pennsylvania's Drug Possession Laws

Pennsylvania, like many other states, has stringent laws concerning the possession of controlled substances. The consequences for breaking these laws can range from fines to incarceration, depending on the specifics of the offense.  In Pennsylvania, these charges are grouped into the following categories:

• Simple possession
• Possession with the Intent to Deliver (PWID); and
• Small possession of Marijuana

Controlled Substances and Their Classifications

In Pennsylvania, the Controlled Substance, Drug, Device, and Cosmetic Act categorizes drugs and other controlled substances into five schedules based on factors like their potential for abuse, accepted medical use, and overall safety:

• Schedule I: These drugs are considered to have a high potential for abuse, with no accepted medical use. Examples include heroin, LSD, and certain forms of marijuana.
• Schedule II: These substances also have a high potential for abuse, but they may have some accepted medical use. Examples include cocaine, methamphetamine, and certain opioid painkillers.
• Schedule III: Drugs in this category have a lower potential for abuse than those in Schedules I and II and have an accepted medical use. Anabolic steroids and some barbiturates fall under this category.
• Schedule IV: These drugs have an even lower potential for abuse than Schedule III substances and are accepted for medical use. Common examples include diazepam (Valium) and alprazolam (Xanax).
• Schedule V: These substances have the lowest potential for abuse relative to the other schedules and include drugs like cough preparations containing less than 200 milligrams of codeine.

Offenses and Penalties for Drug Possession

• Simple Possession: This refers to knowingly and intentionally possessing a controlled substance without a valid prescription. In Pennsylvania, simple possession is typically charged as a misdemeanor. Penalties may include:
  • For a first offense: Up to 1 year in jail and a $5,000 fine.
  • For subsequent offenses: Up to 3 years in prison and a $25,000 fine.

• Possession with Intent to Deliver (PWID): If one possesses a larger quantity of a drug, they may face charges for PWID. This is a more severe offense and is typically charged as a felony. The penalties depend on the type and amount of drug in possession and can range from 1 year to 15 years in prison, with fines up to $250,000.

• Marijuana Possession: While there has been a national trend towards the decriminalization of marijuana, it's still illegal in many parts of Pennsylvania.
  • Possession of less than 30 grams for personal use is a misdemeanor, which may result in up to 30 days in jail and a $500 fine. Medical Marijuana

How to Fight Drug Possession Charges

In Pennsylvania, various defense strategies can be employed to contest these charges. Here are some of the primary approaches a defense attorney might consider:

• Challenge the Legality of the Search and Seizure: One of the cornerstones of the American legal system is the Fourth Amendment's protection against unreasonable searches and seizures. If law enforcement did not have a valid warrant or a legally sound reason to search your person, vehicle, or property, then any evidence found might be deemed inadmissible in court.
  • This would be challenged by filing a suppression motion with the court.
• Dispute Actual Possession: Being in the vicinity of drugs doesn't automatically make you guilty of possessing them. The prosecution must demonstrate that you had knowledge of the drugs and had control over them. For instance, if you were in a car where drugs were found, but they belonged to another passenger, this could be grounds for defense.
• Question the Substance's Authenticity: It needs to be established without a doubt that the substance in question is indeed an illegal drug. This typically requires lab testing. If there are doubts about the substance's identity or if proper testing procedures weren't followed, this could be a potential defense.
• Highlight Medical or Prescription Use: Some individuals legally possess drugs because they have a valid prescription. If the drugs you're charged with possessing are part of a legal prescription, this could serve as a robust defense. This is especially pertinent with substances like medical marijuana, provided that its use and possession align with PA's medical marijuana laws.
• Raise Doubts About Possession Amount: The amount of a drug found in one's possession can greatly influence the charges and potential penalties. If there is a discrepancy or doubt about the measured amount, it can affect the case's outcome.
• Diversion Programs for First-time Offenders: Pennsylvania offers certain diversion programs for first-time drug offenders. Such programs may require the individual to undergo counseling, drug treatment, or educational programs. Successful completion can lead to reduced charges or even having the charges dropped entirely.
• Prove Lack of Knowledge or Intent: If you can demonstrate that you were unaware of the presence of drugs or had no intention to possess them, it might serve as a defense. For instance, if someone else left drugs in your home without your knowledge, this might be a viable defense strategy.
• Challenge the Chain of Custody: If there were breaks in the chain of custody of the drug evidence, or if it can be shown that the evidence could have been tampered with, the evidence might be rendered inadmissible.

Contact Us Today

If you or a loved one are facing criminal charges, call Sklarosky Law today at (570) 283-1200 or use our online contact form and tell us about your potential case. Criminal charges can have life altering ramifications. Do not wait, call us today so that we can help ensure that your rights are protected.