Pennsylvania Drug Possession Laws for First Time Offenders
Pennsylvania imposes a variety of penalties for first-time possession of illegal drugs. They vary based on quantity and whether you plan to use or sell the drugs. There are two types of possession – simple and with intent to distribute. Simple possession means you have a small amount, generally for personal use. The penalties for this conduct are provided in 35 Pa. Stat. § 780-113 and other sections. Possession with intent to distribute means that you have a large quantity of illegal drugs and intend to sell them for profit. Penalties for this crime are listed in 18 Pa. C.S. § 7508.
Marijuana Possession
Unlike many states, Pennsylvania has not yet decriminalized the use of marijuana. The following table outlines the penalties for first-time possession.
| Marijuana Criminal and Civil Penalties | |||
| Quantity | Possession Type | Penalties | Classification |
| Up to 30 grams | Simple | Up to 30 days in jail, a fine up to $500, and automatic six-month suspension of driver’s license | Misdemeanor |
| Over 30 grams | Simple | Up to one year in jail, a fine up to $5,000, and automatic suspension of driver’s license | Misdemeanor |
| Two pounds to less than ten pounds | Possession with intent to distribute | One year in prison and a minimum fine of $5,000 | Felony |
| Ten pounds to less than 50 pounds | Possession with intent to distribute | Three years in prison and a minimum fine of $15,000 | Felony |
| 50 pounds | Possession with intent to distribute | Five years in prison and a minimum fine of $50,000 | Felony |
| Less than 21 live plants | Possession with intent to distribute | One year in prison and a minimum fine of $5,000 | Felony |
| 21 to 50 plants | Possession with intent to distribute | Three years in prison and a minimum fine of $15,000 | Felony |
| 51 plants | Possession with intent to distribute | Five years in prison and a minimum fine of $50,000 | Felony |
Heroin Possession
The following table outlines the penalties for possession.
| Heroin Criminal Penalties | |||
| Quantity | Possession Type | Penalties | Classification |
| Less than two grams | Simple | Up to one year in jail, and/or a fine up to $5,000 | Misdemeanor |
| One gram to less than five grams | Possession with intent to distribute | Two years in prison and a minimum fine of $5,000 | Felony |
| Five grams to less than 50 grams | Possession with intent to distribute | Three years in prison and a minimum fine of $15,000 | Felony |
| 50 grams or greater | Possession with intent to distribute | Five years in prison and a minimum fine of $25,000 | Felony |
Cocaine Possession
Pennsylvania takes a dim view of those distributing and selling cocaine.
| Cocaine Criminal Penalties | |||
| Quantity | Possession Type | Penalties | Classification |
| Small | Simple | Up to one year in jail, and/or a fine up to $5,000 | Misdemeanor |
| Two to less than 10 grams | Possession with intent to distribute | One year in prison and a minimum fine of $5,000 | Felony |
| Ten grams to less than 100 | Possession with intent to distribute | Three years in prison and a minimum fine of $15,000 | Felony |
| 100 grams or more | Possession with intent to distribute | Four years in prison and a minimum fine of $25,000 | Felony |
Methamphetamines Possession
Pennsylvania law has harsh penalties for those distributing and selling meth.
| Meth Criminal Penalties | |||
| Quantity | Possession Type | Penalties | Classification |
| Small | Simple | Up to one year in jail, and/or a fine up to $5,000 | Misdemeanor |
| Five to less than 10 grams | Possession with intent to distribute | Three years in prison and a minimum fine of $15,000 | Felony |
| Ten to less than 100 grams | Possession with intent to distribute | Four years in prison and a minimum fine of $25,000 | Felony |
| 100 grams or more | Possession with intent to distribute | Five years in prison and a minimum fine of $50,000 | Felony |
Sentencing for First-Time Drug Possession
The penalties for the possession with intent to distribute crimes are not guidelines. The law explicitly makes two points:
- The judge may not impose a lighter sentence than prescribed by law.
- The judge may impose a stiffer sentence.
Other Consequences for Drug Possession in PA
Prison terms and fines are not the only consequences of a felony for drug possession. Under Pennsylvania law, a convicted felon:
- May not be elected to public office.
- May not serve on a jury.
- May not possess a firearm.
- May not apply for student loans.
- May lose their professional license (to practice law, engineering, etc.).
And a felony conviction can make it difficult to find employment.
Federal Drug Possession Laws
The information above is for crimes under Pennsylvania law. However, the federal government also has stringent laws regarding the possession of drugs. While it rarely gets involved in minor cases, the federal government is very active when large quantities of illegal narcotics are involved. Like Pennsylvania, U.S. law distinguishes between simple possession and possession with intent to distribute.
Simple Possession
Generally, for most drugs, the first-time offender faces a penalty of up to one year in prison or a minimum fine of $1,000, or both.
Possession with Intent to Distribute
Here is a partial list of penalties for first-time offenders.
| Sentencing for Felony Possession with Intent to Distribute | ||
| Illegal Narcotic | Quantity | Penalties |
| Marijuana | 50 to 99 kilograms, or 50 to 99 plants | 20 years in prison, and up to a $1 million fine |
| Marijuana | 100 to 999 kilograms, or 100 to 999 plants | Five to 40 years in prison, and up to $5 million fine |
| Marijuana | 1000 or more kilograms, or 1000 or more plants | Ten years to life imprisonment, and up to a $10 million fine |
| Heroin | 100-999 grams | Ten years to life imprisonment, and up to an $8 million fine. |
| Heroin | 1 kilogram or more | Twenty years to life imprisonment, and up to a $20 million dollar fine. |
| Cocaine | 500 to 4999 grams | Five to 40 years in prison, and up to $5 million fine |
| Cocaine | 5 kilograms or more | Ten years to life imprisonment, and up to a $10 million fine |
| Meth | 5 to 49 grams pure | Ten years to life imprisonment, and up to an $8 million fine. |
| Meth | 50 grams or more pure | Twenty years to life imprisonment, and up to a $20 million dollar fine. |
On average, federal laws impose much stricter penalties on drug possession than Pennsylvania law.
Conclusion
If you get charged with drug possession, there are a number of negative consequences that could follow, including strict fines and even jail time. To make sure that you get the best outcome in your case, you should obtain the assistance of an experienced criminal defense attorney. Attorney James H. Bonner has the experience and dedication to provide you with the aggressive defense you deserve. Call him today at (610) 450-4555 or contact him here.
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