The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014-2016 | 3 Years | Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys
The Kelly Law Firm Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys

Pennsylvania drug crimes and federal law

Many of the state drug laws on the books today harken back to the Comprehensive Drug Abuse Prevention and Control Act of 1970, which established schedules for drugs based on abuse potential and perceived medical benefit as well as the doctrine of criminal forfeiture. This doctrine allows for the seizure of property involved in crimes to include drug crimes. The CDAPCA also gives authorities the ability to prosecute users and manufacturers for drugs that are not themselves illegal but behave in the human body the same way as illicit drugs.

The CDAPCA was established to prevent drug crimes based upon the increasing prevalence of drugs in American society from the early 1960s and onward. It created categories known as schedules for every type of drug, from over-the-counter medications to marijuana and ecstasy. Schedule V has the lowest perceived abuse potential, while Schedule I encompasses drugs such as heroin and LSD, which are considered extremely dangerous.

In addition, the CDAPCA altered the way importation, sale and possession of various kinds of drugs was prosecuted and allowed authorities broader discretion in combating drug-related offenses. The act also provided for scientific research into drugs and drug abuse, as well as prevention and treatment methodologies. Under the auspices of the CDAPCA, the Drug Enforcement Agency was tasked with enforcing U.S. drug laws.

In preparing a defense for charges of manufacture, possession or use of illegal narcotics, an attorney might begin by considering where in the CDAPCA's schedules the alleged drug falls. The attorney may question whether the client actually used the drug at all or examine the arrest record to make sure all the client's constitutional rights were upheld before, during and after the arrest.

No Comments

Leave a comment
Comment Information

Why We Succeed


We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...


For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...


We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule a Case Evaluation

Schedule a Free Case Evaluation

Bold labels are required.

Please note that First AND/OR Last Name, and Email AND/OR Phone are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
West Chester Law Office Map

Review Us
Back to Top