Common Sentences for Drug Offenses
Pennsylvania’s drug laws for possession and possession with intent to distribute are very harsh. The penalties often include a steep fine as well as jail time. In some instances, you may even lose your driver’s license. If you are charged with a drug offense, there are several factors that will be used to determine your penalty:
- The substances or drugs that are involved
- How much of the substance or drug you had in your possession at the time of your arrest
- Any past convictions you have for drug charges
- Your intent, meaning if it is simple possession or if it is possession with intent to distribute
Here is a chart of some of the more common drugs and their penalties for first, second, and third offenses under Pennsylvania law:
Drug | Action | Amount | Max Penalty – First Offense | Max Penalty – Second Offense | Max Penalty – Third Offense | Other Penalties |
| Marijuana | Possession | Less than 30 grams | $500 fine and/or 30 days in jail | Penalties may double | ||
| Marijuana | Possession | More than 30 grams | $5000 fine and/or 1 year in jail | $25,000 fine and/or 3 years in jail | 6 month loss of driver’s license | |
| Marijuana | Intent to Deliver | More than 1,000 lbs | $250,000 fine and/or 25 years in jail | |||
| THC | Possession | Less than 8 grams | 30 days in jail | |||
| THC | Possession | More than 8 grams | $5,000 and/or 1 year in jail | $25,000 fine and/or 3 years in jail | ||
| Hashish | Possession | Less than 8 grams | 30 days in jail | |||
| Hashish | Possession | More than 8 grams | $5,000 and/or 1 year in jail | $25,000 fine and/or 3 years in jail | ||
| Cocaine | Possession | Less than 2 grams | $5,000 and/or 1 year in jail | Loss of Driver’s License | ||
| Cocaine | Possession | More than 2 grams | Mandatory minimum 1 year in jail | Mandatory minimum 3 years in jail | Loss of Driver’s License | |
| Meth | Possession | Less than 5 grams | $5,000 and/or 1 year in jail | Loss of Driver’s License | ||
| Meth | Possession | More than 5 grams | Mandatory minimum 5 years in jail | Mandatory minimum 3 years in jail | Loss of Driver’s License | |
| PCP | Possession | $5,000 fine and/or 1 year in jail | 2 years in jail | 3 years in jail | ||
| Isomers | Possession | $5,000 fine and/or 1 year in jail | 2 years in jail | 3 years in jail | ||
| Heroin | Possession | $5,000 fine and/or 1 year in jail | 2 years in jail | 3 years in jail | ||
| LSD/Acid | Possession | $5,000 fine and/or 1 year in jail | 2 years in jail | 3 years in jail | ||
| Ecstasy/MMDA | Possession | $5,000 fine and/or 1 year in jail | 2 years in jail | 3 years in jail | ||
| Prescription Drugs | Possession | $5,000 fine and/or 1 year in jail | 2 years in jail | 3 years in jail | Loss of Driver’s License | |
| Illegal Steroids | Possession | $5,000 fine and/or 1 year in jail | 2 years in jail | 3 years in jail | Loss of Driver’s License | |
| Drug Paraphernalia | Possession | $2,500 fine and/or 1 year in jail |
Provisional Penalties for Drug Possession
Some drugs, like marijuana, have certain provisions attached to them. For instance, a person with a first time conviction of marijuana possession may be able to get what is called a “conditional release.” In other words, they won’t have to go to jail, but instead will get up to a year of probation. However, a marijuana possession conviction with previous convictions could get your penalties doubled.
Defense for Possession Charges
If you have been charged with a drug possession, it is important that you get an attorney right away. You will need a knowledgeable, experienced attorney on your side, protecting your rights when you are being questioned by the authorities and when you are in the courtroom. They can challenge any evidence that is obtained illegally or that is weak and has no substance.
Some defenses that your attorney may use to keep your penalties as low as possible (or get the charges dropped) include:
- Lack of knowledge
- Lack of intent
- Small quantity of the drug in your possession
- Legal reason for possession of a controlled substance
- The controlled substance belonged to another person
If you have been charged with possession or possession with intent to distribute, you need a lawyer you can count on. At DRK Attorneys, we will make sure that your right are protected. We’ll be with you every step of the way, fighting for you and making sure that you have the best representation possible. Call us today for a free consultation. Don’t wait. If you have been charged, the sooner you get an attorney, the sooner you can have peace of mind that your rights and best interests are protected.
