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Possession of a Controlled Substance

Possession Defense Attorney

As you may be aware, Pennsylvania law mandates that no person may knowingly possess a controlled substance in the Commonwealth of Pennsylvania without a lawful prescription from a doctor. The precise definition of the controlled substance law can be found in the Controlled Substance, Drug Device and Cosmetic Act: 35 P.S. §780–113(a)(16). This statute may be referred to by lawyers as the “simple possession” statute. In Pennsylvania, “simple possession” is a misdemeanor and carries a maximum penalty of one year incarceration and a $5000 fine. Based on my experience, a typical sentence in a simple possession case is 1 year probation unless you have a horrible criminal record. If convicted of possession it will remain on your criminal record for a long time. In many cases you will not be eligible to expunge this offense until you are 70 years old unless you are granted a pardon.

What is a Controlled Substance?

A controlled substance is any substance listed in the schedules designated by the Pennsylvania Secretary of Health. Controlled substances are usually substances that have a likelihood of abuse. Each controlled substance is assigned to a schedule. There are 5 schedules. Schedule I drugs are rated for the highest potential for abuse and schedule V drugs are rated for the lowest. Any drug found in these schedules is illegal to possess or use. The schedules are found in 35 P.S. §780–104 of Pennsylvania’s Controlled Substance Act. My criminal practice defends individuals charged with possessing the following controlled substances:

  • Cannabis (Marijuana, Mary Jane, Refer)
  • Coca Leaves
  • Crack Cocaine
  • Heroin
  • Hashish
  • Ecstasy
  • LSD
  • PCP
  • Barbituates
  • Crystal Meth
  • Mushrooms
  • Quaalude
  • Percocet
  • Xanax
  • Ritalin
  • Adderall
  • Body Building Drugs (Steriods)

Contact my office for a free case evaluation if you or someone you know has been charged with possessing any controlled substance. If selected as your attorney, I may be able to negotiate a plea to a lesser offense such as disorderly conduct depending on the circumstances of your case.