Drug Charges in Pennsylvania
Simple possession of any controlled substance without a prescription or other legal license to possess is illegal. Though illegal under federal law, most simple possession charges occur with interactions with police — if you are patted down, or the police find the drugs during a stop. Simple possession of any drug other than marijuana is a misdemeanor under Pennsylvania law, punishable by up to a year in prison and a fine up to $5,000 for a first offense. Your driver’s license could also be revoked for six months.
Under Pennsylvania law, it is also illegal to possess any tool or equipment that could be used for smoking or ingesting illegal drugs, including bongs and pipes, packaging, storing, cutting or manufacturing narcotics. This is called paraphernalia, and penalties could be up to a year in prison and a $2,500 fine.
If you are accused of possessing a controlled substance and intend to pass it to another person — whether during a transaction or as a gift — the charges are more severe. In Pennsylvania, you may be charged with possession with intent to deliver (PWID). Prosecutors may make the determination to charge you with PWID depending on the quantity of narcotics you are accused of possessing, the way it was packaged, if there were large amount of cash, or anything else that prosecutors can use as evidence that you are a drug dealer.
Penalties for unlawful manufacturing of a drug are the same as PWID.
PWID penalties depend on the schedule the drug falls under, or, sometimes, the specific type of drug. For an opiate, including heroin, you could be sentenced to up to 15 years in prison and a $250,000 fine. For meth, cocaine and PCP, you face up to 10 years and a $100,000 fine.
For Schedules I, II and III, the charge is a felony, punishable by up to five years in prison and a fine up to $15,000. For Schedule IV, it's also a felony, punishable by up to three years in prison and a $10,000 fine. Any Schedule V PWID is a misdemeanor, punishable by up to a year in prison and a $5,000 fine.
If charged with distributing to a minor, there is a minimum one-year prison sentence.
Laws against trafficking are intended to strike at drug commerce. Trafficking operations could be international — taking drugs across borders — or local. Federal drug charges are most likely to be trafficking. However, there are also state laws against trafficking in Pennsylvania.
Trafficking charges are connected to possessing large quantities of narcotics: more than 100 grams of heroin, more than 5 grams of cocaine base, more than 10 grams of methamphetamines, etc. The more you are charged with possessing, the worse your sentence. Both federal and state trafficking charges carry mandatory minimum sentences, and you could face life in prison and millions of dollars in fines.
If you are accused of being a part of a drug operation, whether transporting or working on the business end, you could face conspiracy charges and be subject to the same penalties as if you personally possessed the drugs.