In Pennsylvania, county and state prosecutors work relentlessly with law enforcement officers to investigate and prosecute drug possession crimes. As a result, even a relatively minor drug possession conviction can quickly cause lasting damage to your reputation and future. Therefore, it is critical to an hire experienced PA drug possession lawyer if you are charged with any type of drug offense.

What are the Consequences of a Drug Conviction?

Potential consequences of a conviction for drug possession include jail time, significant fines and court costs and loss of employment. Additionally, individuals convicted of a drug possession offense may be ineligible for student loans and financial aid. Unfortunately, many employers remain reluctant to hire a person who has a criminal record for a drug possession crime.

Bucks County Drug Possession Attorney

I have over a decade of experience providing skilled and aggressive representation to individuals facing drug possession charges in Bucks County, Montgomery County and the surrounding counties. Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.

Common Illegal Drugs and Controlled Substances in PA

Marijuana
Powder cocaine
Crack cocaine
Heroin
Methamphetamine
Illegal prescription drugs (Xanax, Percocet, Oxycontin, Vicodin)
Synthetic drugs (bath salts, K2, spice)

What are Drug Schedules?

Both Pennsylvania and the United States Drug Enforcement Agency (DEA) have divided various drugs and controlled substances into 5 distinct categories referred to as “schedules.” Each drug or controlled substance is placed in a particular schedule based on an evaluation of its safety, potential for abuse and legitimate medical usage, if any.

Schedule I: Heroin, lysergic acid diethylamide (LSD), marijuana (cannabis, THC), methylenedioxy-methamphetamine (MDMA, Ecstasy, Molly) and bath salts.
Schedule II: Morphine, cocaine, oxycodone (Percodan), Percocet, Oxycontin, Lorcet, Lortab, methylphenidate (Ritalin), methamphetamine, crystal methamphetamine, Percocet, fentanyl and dextroamphetamine.
Schedule III: Tylenol with codeine, ketamine, anabolic steroids and testosterone.
Schedule IV: Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin and Ambien.
Schedule V: Robitussin, Lomotil, Motofen, Lyrica and Parepectolin.

Pennsylvania’s Drug Possession Laws

Drug possession charges are among the most commonly prosecuted drug-related offenses in Pennsylvania and can involve substances including, heroin, cocaine and marijuana as well as prescription medications.

How is Drug Possession Defined in PA?

Pennsylvania defines possession of a controlled substance under 35 P.S. § 780-113(a)(16) as “knowingly or intentionally possessing a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate state board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner or except as otherwise authorized under this act.”

How Does the Prosecutor Prove I am Guilty of Drug Possession?

In a case involving the illegal possession of drugs or controlled substances, the prosecution is required to prove beyond a reasonable doubt that the substance possessed by the accused was illegal, the accused intended to possess the substance, the accused knew the substance was illegal and the accused possessed the substance. Prosecutors generally attempt to establish illegal possession of a drug or controlled substance under 1 of 3 legal theories:

Actual Possession: Under this legal theory, the prosecutor alleges that you had physical custody of an illegal drug or controlled substance. This means it was actively on your person or in your pocket. This includes in purses, backpacks or even shoes. Under the legal concept of “joint possession,” it is possible for 2 or more people to share actual possession of drugs or contraband.
Constructive Possession: Under this legal theory, the prosecutor alleges that the illegal drugs or controlled substances were found somewhere to which you have access, such as your house, your car or your property. A prosecutor would need to prove that you had knowledge of the illegal drugs or controlled substances and the ability to maintain dominion or control over it.
Joint Constructive Possession: Under this legal theory, the prosecutor alleges that more than 1 person constructively possessed the illegal drug or controlled substance. “Joint constructive possession” cases often arise in situations in which drugs are found in a vehicle or a common area of a residence. Under the legal concept of “joint possession,” it is possible for 2 or more people to share constructive possession of illegal drugs or controlled substances.

How Do I Fight a Drug Possession Charge?

It is much more difficult for a prosecutor to prove constructive possession of an illegal drug or controlled substance. In most cases, a prosecutor will need additional evidence beyond a suspect’s mere proximity to the illegal substance. That additional proof may include DNA evidence, fingerprint evidence or incriminating statements made by the accused indicating ownership of the illegal substance. There are many different effective defenses to both actual and constructive possession of drugs.

Penalties for Possession of a Controlled Substance

1^st Offense

Ungraded misdemeanor
Up to 1 year in jail
Up to $5,000 fine

2^nd and Subsequent Offenses

Ungraded misdemeanor
Up to 3 years in jail
Up to $25,000 fine

Possession of a Small Amount of Marijuana

Pennsylvania law restricts those who possess even a small amount of marijuana or hashish (also known as hash) for personal use. Under 35 P.S. § 780-113(a)(31), a small amount of marijuana is defined as 30 grams or less of marijuana or 8 grams or less of hashish.

Penalties for Possession of a Small Amount of Marijuana

Ungraded misdemeanor
Up to 30 days in jail
Up to $500 fine

Possession of More than 30 Grams of Marijuana

Pennsylvania prohibits possession of more than 30 grams of marijuana under 35 P.S. § 780-113(a)(16). The threshold amount of 30 grams is equivalent to slightly over 1 ounce of marijuana.

Penalties for Possession of More than 30 Grams of Marijuana

1^st Offense
- Ungraded misdemeanor
- Up to 1 year in jail
- Up to $5,000 fine

2^nd Offense
- Ungraded misdemeanor
- Up to 3 years in jail
- Up to $25,000 fine

What is Possession of Drug Paraphernalia?

Pennsylvania defines the crime of possession of drug paraphernalia under 35 P.S. § 780-113 (a) (32). It is illegal to possess any device that has been used or is intended to be used to introduce a controlled substance into the human body or that is used to conceal or store a controlled substance. Possession of drug paraphernalia is frequently charged in combination with possession of a controlled substance. Common examples of drug paraphernalia include pipes, needles, grinders, syringes, razor blades, scales, bongs or rolling papers found on your person or in your possession.

Penalties for Possession of Drug Paraphernalia

Ungraded misdemeanor
Up to 1 year in jail
Up to $2,500 fine

Delivery of Drug Paraphernalia to a Minor

2^nddegree misdemeanor
Up to 2 years in jail
Up to $5,000 fine

Pre-Trial Diversion Programs for Drug Possession Cases

In many situations, the best course of action to protect the future of an individual charged with the illegal possession of drugs or controlled substances is to apply for admission into a pre-trial diversion program. Prosecutors in Bucks County, Montgomery County and the surrounding counties offer these programs to provide a second chance to first-time drug offenders.

Benefits of the Pre-Trial Diversion Programs

The diversionary programs for drug possession cases in Pennsylvania include the Bucks County District Court Diversion Program, Accelerated Rehabilitative Disposition (ARD), Section 17 and Section 18.

These programs allow individuals charged with the illegal possession of drugs and controlled substances the opportunity to have their criminal charges dismissed after completion of certain conditions and a period of probation. Participants who complete all of the conditions of the pre-trial drug diversion program are eligible for Pennsylvania criminal record expungement.

Do I Qualify for Bucks County District Court Diversionary Program for Drug Possession?

The Bucks County Magisterial District Courts offer a pre-trial diversion program to individuals charged with possession of marijuana, possession of drug paraphernalia and the possession of a controlled substance other than marijuana.

Individuals can request a referral for admission into the program from the magisterial district judge at the time of the preliminary hearing or at an earlier date. Candidates for the program must meet the following qualifications:

The applicant must be a resident of Bucks County; and
The District Attorney must approve the applicant’s admission; and
The applicant must sign a waiver of the preliminary hearing; and
The applicant must sign a waiver of their speedy trial rights; and
The applicant must sign waivers related to treatment programs; and
The applicant must comply with all treatment recommendations; and
The applicant must report to court as directed; and
The applicant must pay the costs of the program; and
The applicant must have no prior criminal convictions if the case involves a controlled substance other than marijuana

Successful completion of the treatment program and supervisory period will result in the dismissal of the drug possession charges at the district court level. Individuals who complete all of the conditions of the program are eligible for expungement of the records of their case. I can determine if you are eligible for the district court diversionary program for your drug possession charges.

ARD for PA Drug Possession

In Pennsylvania, individuals who have been charged with drug offense for the first time may be eligible for admission into the ARD program, which can enable a person to avoid the serious consequences resulting from a conviction for a drug possession crime. In some cases, ARD may be the best option to resolve your case without a record if you do not qualify for any district court drug diversion programs.

The ARD program is intended to divert 1^sttime non-violent offenders from the criminal justice system. If the district attorney approves your acceptance into the ARD program, your criminal charges will be “suspended.” During the time of the suspension of your charges, you must follow strict court-ordered conditions, including:

Completion of drug treatment, if recommended
Remain arrest-free during the program probationary period
Payment of restitution, if applicable
Payment of court costs
Completion of community service
Completion of a period of probationary supervision

Benefits of ARD Completion

Once your ARD program conditions have been completed, your original charges will be dismissed. Individuals who successfully complete the ARD program are eligible to petition the court for the expungement of the records of the case. Most county courts require a 30-day waiting period from the ARD completion date before an expungement petition may be filed. If the expungement is granted by the court, your arrest record and ARD program participation would not appear on a criminal background check. I have extensive experience with the ARD admission and application process. I can determine if you are eligible for admission into the ARD program.

Section 17

First-time offenders charged with illegal possession of drugs or a controlled substance may be eligible for a pre-trial diversionary program under 35 P.S. § 780-117 (also known as Section 17) of the Pennsylvania Controlled Substances, Drugs, Device and Cosmetic Act. Secondly, admission into the Section 17 program, also referred to as probation without verdict, requires written proof of drug dependency by a physician or psychologist.

An individual entering the Section 17 program must enter a guilty plea or plea of no contest to the drug offense and agree to comply with the conditions of the special probation including drug treatment if required by the court. Successful completion of the terms and conditions of the Section 17 probation will result will result in the dismissal of the drug possession charges by the court. Individuals who successfully complete the Section 17 program are eligible to petition the court for the expungement of the records of the case. I can determine if you qualify for the Section 17 program.

When Should I Choose Section 17?

The Section 17 program is a more desirable alternative than the ARD program for 1^st time drug offenders who do not qualify for the district court diversionary drug programs. Most importantly, prosecutors will permit qualified individuals to participate in the ARD program even if they have previously been granted admission into the Section 17 program. Unfortunately, many prosecutors will not offer Section 17 admission to individuals who have previously been admitted to the ARD program.

Section 18

First-time offenders charged with illegal possession of drugs or a controlled substance may be eligible for a pre-trial diversionary program under 35 P.S. § 118 (also known as Section 18). The applicant’s charges must be related to drug activity. Under Section 18, a court-appointed doctor trained in drug abuse and drug dependency must complete an examination of a candidate as well as a review of a candidate’s criminal record, if applicable.

Section 18 Application Process

The district attorney must agree to an applicant’s admission into the Section 18 program even if the doctor advises against prosecution. Even if the doctor advises against prosecution, the district attorney must agree to follow the doctor’s recommendation in order for a candidate to be admitted into the Section 18 program.

Successful completion of all conditions of the Section 18 program requirements will result in the dismissal of the criminal charges. Individuals who complete the Section 18 program are eligible to petition the court for expungement of the criminal records of the case. I can determine if you are a candidate for the Section 18 program.

Experienced PA Drug Possession Attorney

I have extensive trial experience defending individuals charged with every type of drug offense from minor possession cases to major drug trafficking operations. I will thoroughly investigate the facts and evidence in your case to develop the most effective strategy to achieve a successful resolution of your charges.

Start with a Strong Defense

If you have been charged with a drug possession offense in Bucks County, Montgomery County or the surrounding counties, it is important that you act quickly to protect your rights and build the strongest possible defense against the charges. Phone lines are open 24 hours a day at (215) 752-5282. Contact me for a free initial consultation or fill out the confidential contact form for an immediate response.

PA Drug Possession Lawyer