Drug Offenses and Penalties
Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act defines illegal acts associated with drugs and their related penalties. 35 P.S. §§780-101-780-144. The following are examples of common drug offenses and the associated penalties:
· Possession of a Controlled Substance
o Knowingly or intentionally
o Actual or constructive possession
o of any controlled substance
o Misdemeanor
o Up to 1 year of prison
o Up to $5,000 fine
35 P.S. § 780-113(a)(16); § 780-113(b).
· Possession of small amount of marihuana
o Knowingly or intentionally
o Actual or constructive possession
o 30 grams or less of marihuana
o Up to 30 days in jail
o Up to a fine of $500
o Automatic six month license suspension
· Possession of more than 30 grams of marihuana
o Up to one year in jail
o Up to a $5000 fine
o Automatic six month license suspension
35 P.S. § 780-113(a)(31); § 780-113(g) .
· Possession of Drug Paraphernalia
o Knowingly or intentionally
o Actual or constructive possession
o of any equipment or materials used for
§ growing,
§ cultivating,
§ manufacturing,
§ injecting,
§ inhaling,
§ storing,
§ or containing any controlled substance
o Misdemeanor
o Up to 1 year of prison
o Up to $2,500 fine
35 P.S. § 780-113(a)(32); § 780-113(i).
· Possession with Intent to Deliver
o Knowingly or intentionally
o Deliver or posses with the intent to deliver
o a controlled substance from one person to another
o Up to 1 year of prison and $5,000 fine for Schedule V drug
o Up to 3 years of prison and $10,000 fine for Schedule IV drug
o Up to 5 years in prison and $15,000 fine for any Schedule I, II, or III drug
o Up to 10 years in prison and $100,000 fine for 1,000 pounds or more of PCP, meth, cocaine and its derivatives, or marijuana
o Up to 15 years in prison and $250,000 fine for Schedule I or Schedule II narcotic drug, like opium
Pennsylvania law also provides increase punishment for both terms of incarceration and fines for subsequent drug offenses. An offense is considered a second or subsequent offense, if, prior to the commission of the second offense, the offender has at any time been convicted of violating The Controlled Substance, Drug, Device and Cosmetic Act or of a similar offense under any statute of the United States or of any state relating to controlled substances.
