Punishments for drug crimes in Pennsylvania are some of the toughest in the United States. Federal and state laws encompass a wide range of drug offenses, from possession to distribution. However, federal penalties often lead to longer sentences than state penalties, which may grant probation or shorter sentences. Drug charges in Pennsylvania vary based on the type of drug involved and the specific circumstances surrounding the offense, with each category carrying distinct penalties. Suppose you were arrested for a drug crime in Pennsylvania. In that case, it is strongly encouraged to retain an experienced drug crime defense lawyer to help you avoid getting a conviction on your record.
The criminal defense lawyers at Rubin, Glickman, Steinberg & Gifford have advocated on behalf of countless individuals throughout Pennsylvania facing severe drug charges with great success. This blog provides insight into some of the most frequent types of drug offenses prosecuted in Pennsylvania.
5 Common Drug Offenses in Pennsylvania
Law enforcement in Pennsylvania is primarily concerned with the trafficking and distribution of illegal substances. However, drug possession is not taken lightly. The most common types of illicit drugs involved in criminal charges in Pennsylvania involve marijuana, cocaine, and heroin. Below are the most frequent types of drug offenses in the Commonwealth of Pennsylvania, highlighting the various classifications and penalties associated with each drug offense.
Drug Paraphernalia
The National Drug Intelligence Center defines drug paraphernalia as any equipment used to conceal, produce, or consume illegal drugs. That may also include anything used to inhale or inject illicit substances. Examples of standard tools considered drug paraphernalia include:
- Bongs
- Cocaine freebase kits
- Pipes
- Roach clips
- Rolling papers
- Miniature spoons
- Syringes
Individuals can easily purchase items considered drug paraphernalia in tobacco shops where items are marked for tobacco use only or online through mail-order business. United States Code Title 21 Section 863 makes drug paraphernalia unlawful to transport, import, or export drug paraphernalia, making the crime a federal offense.
Drug Possession
Pennsylvania’s laws on drug possession vary depending on the type of drug. Controlled substance possession in Pennsylvania includes legal distinctions between physical possession and constructive possession, with penalties varying based on the substance and the offender’s history. While medical marijuana was legalized in 2016, it’s still a crime in Pennsylvania to possess marijuana without registration and certification by a physician. Possession of marijuana is still considered a federal offense along with other controlled substances like cocaine, heroin, or methamphetamine. Anyone apprehended with a small amount of illegal drugs can be charged with simple possession, a misdemeanor crime, while a large quantity can lead to felony possession with the intent to distribute and harsher consequences.
Drug Trafficking
Drug possession with the intent to distribute is a much more severe charge than simple possession. In Pennsylvania, drug trafficking is usually considered a felony with potential penalties of up to 15 years in prison and fines up to $250,000. If prosecuted at the federal level, penalties can be even harsher.
Drug trafficking includes selling, transporting, and importing illegally controlled substances like cocaine and marijuana. Even if you are caught with a large quantity of narcotics meant for personal use, law enforcement may still charge you with drug distribution
Drug Dealing
Similar to trafficking, “drug dealing” typically relates to selling illegal drugs on a reduced scale. For example, you may face drug-dealing charges if police suspect that you sell drugs on a street-level distribution in smaller amounts but are not high up in the distribution framework. With that said, even if you are not at the head of a specific distribution hierarchy, you may be charged with drug trafficking if you’re found with a large amount of illegal drugs on hand.
The Drug Enforcement Administration (DEA) sets federal penalties for drug crimes and considers 50 grams of marijuana as drug dealing with a potential sentence of up to five years incarceration while selling 1,000 kilograms of marijuana can result in ten years or more in prison.
Drug Manufacturing
Another felony crime, drug manufacturing, includes any phase of the production process of an illicit drug. In order to convict a suspected drug manufacturer, the prosecution usually must demonstrate that there was intent to manufacture and possession of the drugs. Depending on the narcotic, these charges can lead to a maximum of fifteen years imprisonment and fines up to $250,000. Note that marijuana manufacturing or cultivation is handled differently in Pennsylvania because of medical use exceptions.
Drug-Related Offenses
Forged Prescriptions
Forged prescriptions are a serious offense in Pennsylvania, and those found guilty can face severe penalties. A forged prescription is a prescription that has been altered or created without the authorization of a licensed medical professional. This can include prescriptions for controlled substances, such as opioids, or other prescription medications.
In Pennsylvania, it is a crime to possess, create, or distribute forged prescriptions. Those found guilty of this offense can face felony charges, which can result in significant jail time and fines. Additionally, individuals convicted of this offense may also face penalties related to the underlying prescription, such as possession of a controlled substance.
If you have been charged with a forged prescription offense, it is essential to seek the advice of an experienced criminal defense attorney. An attorney can help you understand the charges against you and develop a defense strategy to minimize the penalties you may face.
Factors Influencing Penalties
Drug Schedule Scale in Pennsylvania
In Pennsylvania, the penalties for drug-related offenses are influenced by the type of drug involved, as well as the quantity and intent to distribute. The state uses a drug schedule scale to categorize controlled substances based on their potential for abuse and accepted medical use.
The drug schedule scale in Pennsylvania includes five categories:
- Schedule I: High potential for abuse, no accepted medical use (e.g., heroin, LSD)
- Schedule II: High potential for abuse, accepted medical use (e.g., oxycodone, fentanyl)
- Schedule III: Moderate potential for abuse, accepted medical use (e.g., anabolic steroids, codeine)
- Schedule IV: Low potential for abuse, accepted medical use (e.g., benzodiazepines, sleep aids)
- Schedule V: Low potential for abuse, accepted medical use (e.g., cough medicines, pain relievers)
The penalties for drug-related offenses in Pennsylvania are influenced by the schedule of the drug involved. For example, possession of a Schedule I drug, such as heroin, can result in more severe penalties than possession of a Schedule V drug, such as a cough medicine.
Possible Sentencing Alternatives
In Pennsylvania, individuals convicted of drug-related offenses may be eligible for alternative sentencing options. These options can include:
- Probation: A period of supervised release, during which the individual must comply with certain conditions, such as regular drug testing and counseling.
- Community service: A program that requires the individual to perform community service in lieu of jail time.
- Treatment programs: A program that provides counseling and treatment for individuals struggling with addiction.
- Fines: A monetary penalty imposed on the individual in lieu of jail time.
An experienced criminal defense attorney can help individuals understand the sentencing alternatives available to them and develop a strategy to minimize the penalties they may face.
Consult Experienced Southeastern Pennsylvania Defense Lawyers for Drug Crimes
No matter what type of drug crime you are facing in Southeastern Pennsylvania, it is in your best interests to retain an experienced criminal defense lawyer with experience defending drug charges. If you are facing a felony drug charge, securing skilled legal representation is crucial to navigate the complexities and achieve the best possible outcome. Rubin, Glickman, Steinberg & Gifford’s team of drug crime lawyers has provided effective and powerful defense for clients charged with drug offenses for over 65 years. We’re here to help you walk away from these charges with the most favorable outcome possible for your situation. Contact us today to talk to a knowledgeable drug crime defense lawyer for free about your situation. Schedule your free case review and call 215-822-7575 or complete our contact form.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
April 7, 2025
