Pennsylvania Drug Possession Laws

The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-010 – 780-144) defines prohibited possession of controlled substances and penalties for committing a drug offense in Pennsylvania. 

Under PA law, 35 P.S. § 780-113(a)(16) defines possession of a controlled substance as “knowingly or intentionally possessing a controlled or counterfeit 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 by this act.” 

You can be charged with drug possession in Chester, Delaware, Montgomery or Philadelphia Counties (or the other 63 counties in Pennsylvania), if you are in possession of a drug or other illegal substance classified under any of the PA Drug Schedules.  Drug possession charges usually apply if you are found carrying marijuana, cocaine, methamphetamine, or other illegal narcotics; however, possession charges are possible for certain legally available drugs (i.e., prescription medications) if you possess them without a proper prescription.

What is required to Convict Someone of Drug Possession in Pennsylvania?

In Pennsylvania, in order to obtain a conviction for drug possession, the Commonwealth must prove beyond a reasonable doubt that:

• The defendant knowingly and intentionally possessed a controlled substance (without a proper prescription);
• The defendant had knowledge that the drug was an illegal controlled substance; and
• The defendant had actual or constructive possession of the drug

If the Commonwealth is unable to prove any of these elements beyond a reasonable doubt, the defendant’s charges may be dismissed or reduced.

Probation Without Verdict and Expungement Option for First-Time Offenders

Section 17 of The Controlled Substance, Drug, Device and Cosmetic Act allows for certain first-time offenders of nonviolent drug possession offenses in PA to undergo a period of probation and have their charges legally dismissed.  Visit my Section 17 Probation page to learn more.

Contact our Drug Possession Lawyers | Montgomery County, PA

If you have been charged with possession of a controlled substance in Chester, Delaware, Montgomery or Philadelphia Counties, the Law Office of Kevin Mark Wray is here to help.  Criminal Defense Attorney Kevin Mark Wray will carefully examine the details of your case and try to find potential defenses or mitigating circumstances that may be available to you.  Contact the Law Office of Kevin Mark Wray at (610) 810-2999 or (610) 800-5487 for a free initial consultation.

Law Office of Kevin Mark Wray
200 West Front Street
Media, PA 19063

(610) 800-5487 (mobile)
(610) 810-2999 (office)
(610) 566-1002 (fax)

This web posting is for general information and does not contain a full legal analysis of the matters presented.  It should not be construed as legal advice or relied upon as legal opinion on any specific facts or circumstances.  The invitation to contact Kevin M. Wray, Esquire is not a solicitation to provide professional services and should not be construed as an availability to perform legal services in any jurisdiction in which Kevin Wray is not licensed to practice.

In Pennsylvania, if you are in possession of paraphernalia commonly used to assist in the use or consumption of drugs, you may be found guilty of possession of drug paraphernalia under Pennsylvania law.  In order to be convicted, a judge or jury must find beyond a reasonable doubt that you used or possessed with intent to use the item, and the item is listed as a paraphernalia item in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act.

Drug paraphernalia in Pennsylvania can include a variety of items, including a pipe, needle, scale, bong, grinder or rolling papers.  A possession of drug paraphernalia charge in Pennsylvania can lead to serious consequences, including jail time, significant fines and a criminal record.  Often, if someone is arrested for possession of drug paraphernalia in Pennsylvania, the charges stem from a related drug and/or marijuana offense.  Multiple drug charges under Pennsylvania law can lead to increased penalties, so it is important to contact an experienced criminal defense attorney as soon as possible following your arrest.

Drug Paraphernalia Criminal Defense Attorney in Chester, Delaware, Montgomery and Philadelphia Counties

The Law Office of Kevin Mark Wray has been representing individuals charged with possession of drug paraphernalia, as well as other drug crimes, for nearly a decade.  Criminal Defense Attorney Kevin Mark Wray is committed to resolving his clients’ drug charges on the most favorable terms possible.  Kevin Wray offers a free initial consultation for your Pennsylvania possession of drug paraphernalia matter.  Contact the Law Office of Kevin Mark Wray at (610) 619-0011 for a free initial consultation about your alleged drug paraphernalia offense in Chester, Delaware, Montgomery and Philadelphia Counties

Possession of Drug Paraphernalia Laws in Pennsylvania

Pennsylvania law, at 35 P.S. § 780-113(a)(32) defines the possession of drug paraphernalia offense as: “the use of, or possession with intent to use, drug paraphernalia for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of this act.”

Additionally, anyone who is convicted of delivering drug paraphernalia to a minor (under the age of 18) who is at least three years younger than the alleged offender can be convicted of an additional misdemeanor of the second degree, which is separately punishable by a fine up to $5,000, imprisonment of up to two years, or both.

Penalties for Drug Paraphernalia Offenses in Pennsylvania

For more information concerning criminal penalties for possession of drug paraphernalia as well as related Pennsylvania drug offenses, please visit our PA Drug Crimes Penalties page. 

Drug Paraphernalia Offense Criminal Defense Attorney in Chester, Delaware, Montgomery and Philadelphia Counties

Contact the Law Office of Kevin Mark Wray at (610) 810-2999 for a free initial consultation about your alleged drug paraphernalia offense in Chester, Delaware, Montgomery and Philadelphia Counties.  Criminal Defense Attorney Kevin Mark Wray is committed to reaching the best outcome possible for our clients, including a reduction in the charges, acceptance into an alternative sentencing program, or total dismissal of your case. 

Law Office of Kevin Mark Wray
200 West Front Street
Media, PA 19063

(610) 800-5487 (mobile)
(610) 810-2999 (office)
(610) 566-1002 (fax)

This web posting is for general information and does not contain a full legal analysis of the matters presented.  It should not be construed as legal advice or relied upon as legal opinion on any specific facts or circumstances.  The invitation to contact Kevin M. Wray, Esquire is not a solicitation to provide professional services and should not be construed as an availability to perform legal services in any jurisdiction in which Kevin Wray is not licensed to practice.