Drug Possession

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Below you will find the actual text of the Pennsylvania statute governing Drug Possession in Pennsylvania. Drug possession charges can have significant impacts on your life. You should talk to a lawyer as soon as possible for legal advice to fully learn your rights in Allegheny, Beaver, Butler, Washington, and Westmoreland Counties. Our Pittsburgh attorneys can explain to you drug possession charges and related crimes, possible punishment, and all of your options. This was current as of September 2015. Our firm is primarily in the business of fighting for defendants’ rights (not updating websites), but we wanted to give you some information solely for educational purposes.

35 P.S. 780-113(a)(16). Possession of a Controlled Substance

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.

35 P.S. 780-113(a)(30). Possession with Intent to Distribute

Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.

35 P.S. 780-113(a)(31). Possession of a Small Amount of Marijuana

Notwithstanding other subsections of this section, (i) the possession of a small amount of marihuana only for personal use; (ii) the possession of a small amount of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution of a small amount of marihuana but not for sale. For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams of hashish shall be considered a small amount of marihuana.

35 P.S. 780-113(a)(32). Possession of Drug Paraphernalia

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.

Potential Penalties for Drug Possession

35 P.S. 780-113(a)(16). Possession of a Controlled Substance

This crime is a misdemeanor. Potential penalties for a first time offender include a maximum of one year imprisonment and $5000.00 fine; for a second time offender, maximum of three years in Jail and $25,000.00 fine.

35 P.S. 780-113(a)(30). Possession with Intent to Distribute

This crime is a felony. The length and degree of penalty will vary based on the controlled substance, the amount of the controlled substance, and potentially other surrounding circumstances (such as location).

35 P.S. 780-113(a)(31). Possession of a Small Amount of Marijuana

This crime is a misdemeanor. Penalties may include probation or imprisonment up to 30 days, or a fine of up to $500 (or Both), and a suspension of drivers license for 6 months.

35 P.S. 780-113(a)(32). Possession of Drug Paraphernalia

This crime is a misdemeanor. Penalties may include probation or imprisonment up to one year, and a fine of $2500.00.

See also:

Drug Trafficking

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