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Pennsylvania Drug Possession Law

Pennsylvania Drug Possession Defense

What you're facing under 35 P.S. § 780-113(a)(16), how the penalties scale, and the questions your attorney needs to answer, specific to Pennsylvania (PA) law.

Offense Class

Misdemeanor 1

Maximum Penalty

1 year (small amount); 3 years (subsequent offense)

Maximum Fine

$5,000

Penalty Range in Pennsylvania

Statute35 P.S. § 780-113(a)(16) — Possession of Controlled Substance
Minimum Penalty
Maximum Penalty1 year (small amount); 3 years (subsequent offense)
Maximum Fine$5,000

Charge Enhancements

These factors can elevate the charge or penalty in Pennsylvania:

  • Felony 3: possession within 1,000 feet of school (35 P.S. § 780-113(a)(30))
  • Subsequent offenses escalate penalties
  • PA recently enacted 35 P.S. § 780-113.1 for possession with enhanced penalties near schools

Pennsylvania-Specific Detail

Pennsylvania does not use the Illinois felony class structure. Drug possession is a Misdemeanor 1 regardless of substance type unless enhanced.

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Drug Possession Defense Playbook — $127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Pennsylvania defendants.

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Important: This page provides legal INFORMATION about Pennsylvania drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.