What Are the Penalties for Being Arrested for Drug Possession?

If you’ve been arrested for drug possession in Pennsylvania, you’re probably wondering whether you could go to jail and how serious the charge is. An arrest doesn’t mean you’ve been convicted, and the penalties aren’t the same for every possession case. What you could face depends on the drug involved and the offense you’re charged with.

Crouthamel Law Offices represents clients facing drug crime charges in Lehigh County. We can help you understand the charge against you and what it could mean as your case moves forward. Below, we’ll break down Pennsylvania’s possession penalties and when these charges can become more serious.

Drug Possession Penalties in Pennsylvania

Pennsylvania can charge you with simple possession if you knowingly have a controlled substance without a valid prescription or other legal authorization. If convicted, you could face:

• First offense: Up to one year in jail, a fine of up to $5,000, or both.
• After a qualifying prior conviction: Up to three years in jail, a fine of up to $25,000, or both.

Pennsylvania handles a small amount of marijuana differently. This means 30 grams or less of marijuana or eight grams or less of hashish for personal use. Because recreational marijuana isn’t legal statewide, a conviction for this offense can carry up to 30 days in jail, a fine of up to $500, or both.

When a Possession Case Becomes More Serious

A possession case becomes much more serious if prosecutors claim the drugs weren’t just for personal use. They could claim you intended to sell or distribute them, which is known as possession with intent to deliver (PWID).

Unlike simple possession, PWID is generally a felony in Pennsylvania. The maximum penalty depends on the drug involved. For example:

• Schedule I or II narcotic drugs: Up to 15 years in prison and a fine of up to $250,000.
• Other Schedule I, II, or III controlled substances: Up to five years in prison and a fine of up to $15,000.
• Schedule IV controlled substances: Up to three years in prison and a fine of up to $10,000.

The amount and type of drug can also affect sentencing. So if your paperwork lists PWID instead of simple possession, you’re facing a different offense with significantly higher potential penalties.

What Happens After a Drug Possession Arrest?

After an arrest, the case moves through Pennsylvania’s criminal court system. You’ll usually have a preliminary arraignment followed by a preliminary hearing. If the case continues, it moves to the Court of Common Pleas for pretrial proceedings and, depending on the case, a plea or trial.

During this process, your attorney can review the evidence against you, including how police found the drugs and whether that evidence can be used in court.

Facing a Drug Possession Charge in Lehigh County?

Getting legal help early can help you understand the charge and what your options are as the case moves forward. Crouthamel Law Offices can review the possession charge and what led to your arrest.

If you’re facing a drug possession charge in Lehigh County, call 610-428-3386 or get in touch through our contact form to talk about your case.