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Understanding Controlled Substance Possession Charges in Pennsylvania
Key Points on Drug Possession Offenses
In Pennsylvania, possessing illegal drugs is a serious factor in most drug-related offenses. The charges for possession can range in severity, with many classified as felony crimes. Even possessing a small amount of an illegal substance can lead to significant penalties. A conviction for a drug offense can result in long-term difficulties that affect your future.
And that’s the only reason why you should always seek help from an expert Mercer criminal lawyer if you’ve been accused of drug possession charges.
Legal Guidance for Drug Possession Accusations in Mercer, PA
Are you facing drug possession allegations in Mercer County? It is critical that you do not speak with law enforcement until you have consulted with a legal expert. Contact the Logue Law Group as soon as possible. A Mercer criminal lawyer can provide the guidance you need during this challenging time.
Sean Logue is an experienced defender against criminal charges in the Mercer area. Take the first step by contacting us for a thorough, confidential, and free case review.
Pennsylvania’s Stance on Controlled Substance Possession
Pennsylvania law, outlined in The Controlled Substance, Drug, Device and Cosmetic Act, prohibits the possession or use of illicit drugs unless you are a person with specific authorization, like a medical professional.
Offenses related to the possession of controlled substances are judged based on several factors:
- The type of drug involved
- The quantity of the drug
- The individual’s criminal history
The law typically dictates the penalties for these transgressions. It’s wise to consult a Mercer DUI lawyer to understand how these factors might apply to your specific situation.
| Drug | Amount | Offense Level | Guidance |
| Schedule I or Schedule II Controlled Substance | Minimal Quantity (Under Bulk Amount) | Classified as a fifth-degree felony | Under Pennsylvania Revised Code § 2929.13(B), minimal possession carries serious weight legally. |
| Moderate Quantity (Bulk to Less Than 5 Times Bulk) | Falls into a third-degree felony category | There’s a presumption in favor of prison time due to the increased quantity. | |
| Substantial Quantity (5 to Less Than 50 Times Bulk) | Sees an elevation to a second-degree felony. | Slated for a mandatory prison sentence, reflecting the serious nature of the offense | |
| High Quantity (50 to Less Than 100 Times Bulk) | This level is assigned a first-degree felony charge. | At this threshold, the law mandates prison time, no exceptions given. | |
| Extreme Quantity (100 Times Bulk or More) | Also a first-degree felony, this is as serious as it gets. | Conviction leads to the maximum prison sentence allowed by law, underscoring the gravity of such substantial possession. | |
| Schedule III, Schedule IV, or Schedule V Controlled Substance | Possession Below Bulk Amount | There are no predefined penalties specifically mentioned for this level of offense. | |
| Possession Equal to or Above Bulk Amount (But Less Than Five Times) | This level of possession is deemed a fourth-degree felony. | Pennsylvania Revised Code Section 2929.13(C) | |
| Possession Five to Fifty Times Above Bulk Amount | Classified as a third-degree felony. | Assumption favoring a term of imprisonment | |
| Possession Exceeding Fifty Times the Bulk Amount | This constitutes a second-degree felony. | Compulsory imprisonment sentence | |
| Marijuana (marihuana) | Possession under 100 grams | This is considered a minor misdemeanor—a slap on the wrist | There’s generally no jail time associated with this quantity |
| Between 100 grams and 200 grams | The stakes get a bit higher here, as it’s pegged as a fourth-degree misdemeanor. | Still, incarceration isn’t a typical consequence | |
| Between 200 grams and 999 grams | Now, we’re stepping into the realm of felonies—specifically, a fifth-degree felony | The Pennsylvania Revised Code § 2929.13(B) outlines the regulations for this offense. | |
| Amounts ranging from 1,000 grams to 5,000 grams | The offense is elevated to a third-degree felony. | Laws specific to these situations are detailed within the Pennsylvania Revised Code § 2929.13(C). | |
| Quantities between 5,000 grams and 20,000 grams | Still considered a third-degree felony but comes with a stronger assumption that prison time may be granted. | Still considered a third-degree felony but comes with a stronger assumption that prison time may be granted. | |
| From 20,000 grams to less than 40,000 grams | Felony of the second degree | A mandatory prison sentence ranging from five to eight years could be imposed | |
| More than 40,000 grams | Here you face a second-degree felony charge. | However, there is a mandatory imposition of the maximum prison sentence allowable. | |
| Cocaine | Less than 5 Grams | Classified as a Fifth-degree felony | Referenced by Pennsylvania Revised Code § 2929.13(B) |
| 5 to 9.99 Grams | Considered a Fourth-degree felony | Governed by Pennsylvania Revised Code § 2929.13(B) | |
| 10 to 19.99 Grams | Becomes a more severe Third-degree felony | Normally carries a presumption for a prison term; however, if the individual has two or more previous felony drug abuse convictions, imprisonment becomes mandatory. | |
| 20 to 26.99 Grams | Upgraded to a Second-degree felony | Carries a mandatory incarceration term upon conviction. | |
| 27 to 99.99 Grams | Classed as a First-degree felony | Incurs a mandatory prison sentence. | |
| 100 Grams or Above | Also a First-degree felony. | Mandatory imprisonment is extended for longer periods, or a larger fine could be charged against the accused. | |
| Lysergic acid diethylamide (LSD) | For smaller amounts, less than 10 doses in solid form or under 1 gram if in liquid form, the charge | classified as a fifth-degree felony | This can be referenced from the Pennsylvania Revised Code § 2929.13(B). |
| Possessing at least 10 but fewer than 50 doses in solid form, or 1 gram to less than 5 grams in | results in a fourth-degree felony | delineated in the Pennsylvania Revised Code § 2929.13(C). | |
| Having 50 to 249 doses in solid form, or 5 to under 25 grams in liquid | one faces a third-degree felony. | there’s a presumption of a prison sentence being applicable. | |
| The stakes are raised even further for 250 to 999 doses in solid form | law imposing a second-degree felony | with the law imposing a second-degree felony charge that carries a mandatory prison term. | |
| Severe charges accompany possession of 1,000 to 4,999 unit doses in solid form | constituting a first-degree felony | constituting a first-degree felony with a mandatory prison term | |
| At the top of the scale, 5,000 unit doses or more in solid form | met with a first-degree felony | mandatory maximum prison term under Pennsylvania law. | |
| Heroin | less than 10 unit doses (solid) or less than 1 gram (liquid) | Classified as a Fifth-degree felony | Pennsylvania Revised Code § 2929.13(B) |
| Possessing 10 to 49 unit doses (solid) or 1 to 4.99 grams (liquid) | This is considered a Fourth-degree felony | Pennsylvania Revised Code § 2929.13(C) | |
| Having 50 to 99 unit doses (solid) or 5 to 9.99 grams (liquid) | Qualifies as a Third-degree felony | Usually involves a presumption for a prison term | |
| When caught with 100 to 499 unit doses (solid) or 10 to 49.99 grams (liquid) | Incurs a Second-degree felony penalty | Carries a mandatory prison term | |
| For individuals holding 500 to 999 unit doses (solid) or 50 to 99.99 grams (liquid): | Results in a First-degree felony charge | A mandatory prison term applies | |
| Possession exceeding 1,000 unit doses (solid) or over 100 grams (liquid) | Classified as a First-degree felony | Leads to a mandatory maximum prison term | |
| Hashish | Less than 5 grams (solid) or less than 1 gram (liquid) | Minor misdemeanor | No jail time |
| 5 grams or more, but under 10 grams (solid); 1 gram or more, but under 2 grams (liquid) | Fourth-degree misdemeanor | No incarceration | |
| 10 grams or more, but under 50 grams (solid); 2 grams or more, but under 10 grams (liquid) | Fifth-degree felony | Pennsylvania Revised Code § 2929.13(B) | |
| 50 grams or more, but under 250 grams (solid); 10 grams or more but under 50 grams (liquid) | Third-degree felony | Pennsylvania Revised Code § 2929.13(C | |
| 250 grams or more but under 1,000 grams (solid); 50 grams or more but under 200 grams (liquid) | Third-degree felony | Presumed incarceration term | |
| 1,000 grams or more, but under 2,000 grams (solid); 200 grams or more, but under 400 grams (liquid) | Second-degree felony | Mandatory prison sentence of five to eight years | |
| 2,000 grams or more (solid); 400 grams or more (liquid) | Second-degree felony | Maximum prison term | |
| Controlled substance analog (synthetic drugs) | Possession Under 10 Grams | Classified as a Fifth-Degree Felony | Governed by Pennsylvania Revised Code § 2929.13(B) |
| Possessing 10 to Less Than 20 Grams | Categorized as a Fourth-Degree Felony | Typically involves a Presumption for a Prison Term | |
| Holding 20 to Less Than 30 Grams | Falls under a Third-Degree Felony | General expectation includes a Presumption for a Prison Term | |
| Carrying 30 to Less Than 40 Grams | Designated as a Second-Degree Felony | The law mandates a Prison Term | |
| Having 40 to Less Than 50 Grams | Regarded as a First-Degree Felony | Imposes a Mandatory Prison Term | |
| In Possession of 50 Grams or More | Considered a serious First-Degree Felony | Dictates a Mandatory Maximum Prison Term |
Penalties for Possession of a Controlled Substance in Mercer
It is essential to understand the potential outcomes of a drug offense conviction in Mercer. The penalties you face will depend heavily on the specifics of the crime you are accused of. A Mercer criminal lawyer can help you understand the charges against you. We have simplified the potential penalties below to help you understand what you might be facing:
Potential Penalties Based on Offense Level:
- Minor Misdemeanor: You could face a fine of up to $100.
- Fourth-Degree Misdemeanor: A possible jail sentence of up to 30 days and/or a fine of up to $250.
- First-Degree Misdemeanor: You could face up to 180 days in jail and a fine of up to $1,000.
- Fifth-Degree Felony: Potential prison time of up to 12 months and a fine of up to $2,500. A Mercer DUI lawyer can help you navigate these serious charges.
- Fourth-Degree Felony: This may result in up to 18 months in prison and a fine of up to $5,000.
- Third-Degree Felony: You could face a prison term of up to 60 months and a fine of up to $10,000.
- Second-Degree Felony: The penalties include a possible prison sentence of up to eight years and a fine of up to $15,000. It’s crucial to have a Mercer criminal lawyer on your side.
- First-Degree Felony: This is the most severe level, with a possible prison sentence of up to 11 years and a fine of up to $20,000.
Facing these potential penalties can be incredibly stressful. This highlights how important it is to understand the law or seek expert legal advice if you or a loved one is in this situation. A Mercer DUI lawyer can provide essential support.
Legal Representation for Drug Possession Charges in Mercer County, PA
Dealing with the complexities of drug possession charges in Pennsylvania can be overwhelming. Hiring an experienced Mercer DUI lawyer is crucial to help you through this difficult time. When you are accused of possessing controlled substances in Mercer or anywhere in Mercer County, you need a dedicated criminal defense attorney. A Mercer criminal lawyer will fight for your rights.
Experience That Matters – Attorney Sean Logue
Mercer criminal attorney Sean Logue is a strong advocate for his clients, working tirelessly to achieve outcomes that lessen the potential penalties and their impact on your life. A skilled Mercer criminal lawyer can make a significant difference in your case.
Schedule Your Complimentary Case Evaluation
Your defense starts with understanding your legal position and the options available to you. Having a good Mercer DUI lawyer is your first step.
- Take advantage of a no-cost consultation to review the details of your case.
- Discuss personalized legal strategies designed specifically for your situation.
Reach out to the Logue Law Group at 412.389.0805 to turn your right to a strong defense into action. A Mercer criminal lawyer is ready to help you.