Possession of a Controlled Substance

An individual charged with possession of a controlled substance can be convicted of the drug offense if the judge or jury finds beyond a reasonable doubt the alleged offender possessed the item, the item was in fact a controlled substance, and the alleged offender was aware the item was an illegal controlled substance.

A conviction for possession of a controlled substance can result harsh penalties, including jail or prison sentences, a criminal record, fines, and/or lasting negative consequences to the individual’s life, including loss of job and educational opportunities. Drug possession offenses can be charged as a violation of Pennsylvania law, federal law, or both state and federal law. Penalties for federal charges are usually much harsher than state penalties.

West Chester Possession of a Controlled Substance Attorney

If you have been charged with drug possession in West Chester, PA Michael J. Skinner of the Skinner Law Firm will examine the details of your case to try and find potential defenses or mitigating circumstances that may reduce or eliminate your charge. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your alleged drug offense today.

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Pennsylvania Possession Laws and Penalties

The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-101 – 780-144) defines prohibited possession of controlled substances act and penalties for committing a drug offense.

A controlled substance can be anything that has the potential to be abused, is addictive, or can result in physical or mental harm, including street drugs, designer drugs, natural substances, plants, chemicals, medications, prescription pills, and man-made substances.

An individual can be charged with possession of a controlled substance if they have actual or constructive possession of any of the substances defined in Pennsylvania’s drug schedules.

A conviction for this offense is a misdemeanor and can result in imprisonment for up to one year and/or a fine up to $5,000.

Possession of a controlled substance is unlawful unless the alleged offender has a defense to the charges. A defense to possession charges is if the person was authorized to possess the controlled substances. Persons authorized can include those registered as a practitioner or licensed to have the drug.

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Drug Possession in Pennsylvania

In order to be charged with possession of a controlled substance in Pennsylvania, a person has to have actual or constructive possession of the controlled substance. Actual possession is actually having the controlled substance or drug on your person or body, or in a purse or pocket on your body.

Constructive possession is harder to define and usually involves three elements, including the individual must be aware of the presence and illegal nature of the controlled substances, the item was in fact a controlled substance, and the individual had the intent to take control of the drug and was able to take control.

If the prosecution is unable to prove the alleged offender had either actual or constructive possession of the controlled substance, the defendant’s charges may be reduced or dismissed because possession is a required element to the offense.

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Pennsylvania’s Schedule of Controlled Substances

Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act lists and categorizes all controlled substances in a category based on how addictive the controlled substance is and whether there is a known medical use for the controlled substance. Pennsylvania law provides for five schedules, ranging from the most serious drugs (Schedule I) to the least serious (Schedule V).

• Schedule I – Drugs in this schedule have no known medical use in the United States and the highest potential for abuse. Examples of substances in this schedule include marijuana, heroin and peyote.
• Schedule II – The drugs in this schedule have a high potential for abuse, but very limited medical application in the United States. Examples of substances In this schedule can include cocaine, methamphetamines (meth), methadone, opium and opiates.
• Schedule III – The drugs in this schedule have less potential for abuse than the drugs in schedules I and II and commonly known medical use in the United States. Examples of substances in this schedule include Lysergic acid (LSD) and anabolic steroids.
• Schedule IV – The drugs in this schedule have a lower potential for abuse than Schedule III drugs and commonly used medical purposes in the United States. Many prescription medications are included in this schedule.
• Schedule V – The substances in this schedule have the least potential for abuse and are accepted for medical uses in the United States. Examples of substances in this schedule include medications with very small amounts of codeine or opium.

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Skinner Law Firm | Possession of a Controlled Substance Lawyer in Pennsylvania

Contact the Skinner Law Firm today for a consultation about your alleged controlled substance offense in Chester County, Pennsylvania, and the surrounding areas in Lancaster County, Montgomery County, and Delaware County. Michael J. Skinner is an experienced West Chester drug crimes lawyer who will listen to the facts of your particular situation, and make every effort to help you achieve the best possible outcome in your situation. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your alleged drug possession offense in Pennsylvania.