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What Factors Determine Whether a Drug Offense is Classified as a Misdemeanor or Felony?

A drug crime can carry serious penalties. A key factor in the severity of the charge depends on whether it is a misdemeanor or a felony. This raises an important question: What determines how a drug offense is classified? Here, our Harrisburg drug crimes defense attorney highlights the key factors that impact whether a drug offense is a misdemeanor or a felony in Pennsylvania.

Know the Difference: Misdemeanor Charges vs. Felony Charges

To start, it is important to understand the distinction between a misdemeanor charge and a felony charge. In Pennsylvania, misdemeanor charges are typically less severe than felony charges, often resulting in fines, probation, or shorter jail sentences of up to one year. However, felony charges carry much harsher penalties. All felonies in Pennsylvania carry the potential for at least one year in state prison. Additionally, a conviction on a felony drug charge will result in a permanent criminal record.

Factor #1: The Substance

In Pennsylvania, the type of drug involved plays a major role in determining whether a drug offense is classified as a misdemeanor or a felony. Controlled substances are divided into schedules, with Schedule I drugs—like heroin and LSD—considered the most dangerous. Possession of these drugs typically results in more severe penalties. In contrast, unlawful possession of a Schedule V drug—such as certain prescription medication— may lead to a lesser charge. Like federal law, Pennsylvania drug scheduling is meant to reflect the risk posed by each controlled substance.

Factor #2: The Amount

The quantity of the drug found in your possession is another critical factor in determining whether an offense is classified as a misdemeanor or felony. Pennsylvania law uses weight as a threshold to escalate charges. A person who has a particularly large amount of a controlled substance, even a Schedule IV or a Schedule V drug—could potentially end up facing serious felony criminal charges based on possession with the intent to distribute. The quantity matters. If you or your loved one is caught with a significant quantity of drugs, you must consult with a lawyer.

Factor #3: Distribution (or Lack Thereof)

Finally, another key factor that impacts whether a drug charge will be a misdemeanor or a felony in Pennsylvania is the distribution or lack thereof. Many (but not all) drug possession cases are handled as misdemeanors. In contrast, most drug distribution cases, including trafficking and manufacturing—are brought as felonies. Police and prosecutors tend to look for evidence of distribution, such as packaging materials, scales, large amounts of cash, or communication suggesting sales. Even if the drugs found are a relatively small amount, distribution could be a felony.

Contact Our Harrisburg Drug Crimes Defense Lawyer Today

At The Hoover Firm, LLC, our Harrisburg drug crimes defense attorney has the skills, knowledge, and experience to defend both misdemeanor charges and felony charges. Arrested and charged with a crime? We can help. Contact us right away for a completely confidential, no commitment initial consultation. We defend drug charges across Central Pennsylvania with a law office in Harrisburg.