What are the Penalties for Drug Possession in Pennsylvania?
Are you facing a drug possession charge in Harrisburg, Dauphin County, or elsewhere in Central Pennsylvania? You need a lawyer. These are serious cases, and a conviction can carry serious consequences. You may be wondering: What are the penalties for drug possession? The answer depends on several case-specific factors, including the type of drug and the quantity. At The Hoover Firm, LLC, we provide proactive representation. Here, our Harrisburg drug possession defense lawyer provides a more comprehensive overview of the penalties in Pennsylvania.
The Two Main Factors that Determine Drug Possession Penalties in Pennsylvania
The penalties for drug possession in Pennsylvania can vary dramatically based on the specific circumstances of the case. You could face anywhere from a relatively minor misdemeanor offense to a serious felony that carries major jail time. Here are the two most important factors:
- The Controlled Substances: Pennsylvania law categorizes drugs into schedules based on their potential for abuse and accepted medical use. Drugs classified as Schedule I substances (Heroin, LSD, etc.) have a high potential for abuse and no accepted medical use. They carry the most serious penalties. On the other side of the spectrum, Schedule V drugs have the lowest potential for abuse and carry less serious penalties.
- The Amount Possessed: The quantity of the drug found in one’s possession significantly affects the penalties. Possessing small amounts of a controlled substance generally leads to lesser charges. Larger quantities can lead to more serious penalties. In Pennsylvania, a person could face a drug trafficking charge based entirely on possession. If you are caught in possession of a large enough amount of a controlled substance, you could potentially be charged with possession with intent to distribute.
You May Qualify for Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) Program
For a person facing a drug possession charge, there are often options to reduce penalties—potentially even avoiding jail time altogether. In some cases, jail time can be avoided even if you are facing felony possession charges, and the prosecution has strong evidence. In Pennsylvania, a person facing a first-time drug possession charge may qualify for the Commonwealth’s Accelerated Rehabilitative Disposition (ARD) program.
ARD is an initiative that offers first-time offenders an opportunity to avoid the standard legal process and avoid incarceration. Instead, participants in ARD undergo a period of probation and complete specific requirements such as community service, rehabilitation courses, or drug treatment programs. Successful completion of the ARD program can result in the dismissal of charges and the expungement of the arrest record. It can be a great option when available.
Contact Our Harrisburg Drug Possession Defense Attorney Today
At The Hoover Firm, LLC, our Harrisburg drug possession defense lawyer is a compassionate, experienced advocate for clients. If you have any specific questions about drug possession penalties, we are here to help. Call us now or contact us online for your completely confidential initial case review. With an office in Harrisburg, we defend drug possession cases throughout the surrounding region in Central Pennsylvania.