If you are caught in possession of a controlled substance in Pennsylvania, you could be facing a variety of penalties and legal consequences that are sure to have a lasting effect on your everyday life. It is important to equip yourself with the best legal team possible to ensure you explore all of your options and protect your rights throughout the process. Reach out to a York County, PA drug crime attorney to learn more about your legal rights and options during your case.
What is a Controlled Substance?
Controlled substances are medications or drugs whose manufacturing, handling, storage, distribution, and use are heavily regulated by the United States government. When a drug or substance has a high risk of becoming addictive or being abused, it is controlled to prevent these dangers from happening.
In the United States, controlled drugs are separated into five categories: Schedule I, II, III, IV, and V. Schedule I drugs have no accepted medical use and have the highest risk of addiction and abuse. The potential for abuse decreases with each Schedule. Examples of controlled substances include:
- Schedule I: Heroin, LSD, ecstasy, peyote
- Schedule II: Vicodin, cocaine, methamphetamine, oxycodone
- Schedule III: Tylenol with codeine, ketamine, anabolic steroids, testosterone
- Schedule IV: Xanax, Valium, Ambien, Tramadol
- Schedule V: Lomotil, Motofen, Lyrica, Parepectolin
The above drugs are used for medical purposes (save those classified under Schedule I) but have the potential to become addicting. Because of the potential risks associated with these substances, their regulation is important.
What Are the Penalties for Possession of a Controlled Substance in PA?
Pennsylvania state law prohibits “the acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.”
If you are caught in possession of a drug listed under the five Schedules or otherwise regulated by the U.S. government, you could face a variety of penalties and legal consequences. The repercussions of a conviction will vary depending on the type of drug involved and the amount you are caught with.
In general, Pennsylvania’s sentencing guidelines for possession of a controlled substance are as follows.
- Schedule V: Misdemeanor, up to 1 year in prison and fines of up to $5,000
- Schedule IV: Felony, up to 3 years in prison and fines of up to $10,000
- Schedule I, II, or III: Felony, up to 5 years in prison and fines of up to $15,000
- Certain drugs in excess of 1,000 pounds: Felony, up to 10 years in prison and fines of up to $100,000
- Schedule I or II narcotics: Felony, up to 15 years in prison and fines of up to $250,000
As established above, the penalties for illegal drug possession in Pennsylvania can be severe so it is important that you implement a strong defensive strategy in your case. Work with a skilled attorney for legal representation and advice.
