Charged with Drug Possession? Here's What You’re Facing in Pennsylvania

A drug possession charge, whether for marijuana, prescription pills, or narcotics, is not something to take lightly. Even a first-time offense can result in jail time, license suspension, and a permanent criminal record.

But not all possession charges are treated equally. Penalties vary based on the type of drug, the amount, whether there was intent to distribute, and your prior record. Fortunately, in many cases there are diversion and treatment-based options that can keep you out of jail and protect your future. I can be your criminal defense attorney near Delaware County.

Approaching Drug Cases

With over 30 years of experience defending clients charged with drug crimes throughout Pennsylvania, I’ve helped people navigate these charges and avoid harsh outcomes. Here’s how I approach drug cases.

1. Possession of Marijuana

Although marijuana laws are evolving across the country, recreational use remains illegal in many states. That said, enforcement and penalties can vary significantly depending on the local jurisdiction.

In Some Areas

• Possession of small amounts (often under 30 grams) may be decriminalized

• Offenses are treated like minor infractions, with a citation or fine

• Typically no arrest, jail time, or lasting criminal record

In Other Jurisdictions

• Possession under 30 grams may still be classified as a misdemeanor

• Penalties can include up to 30 days in jail and a fine

• Possessing more than 30 grams may result in steeper penalties—up to a year in jail and thousands in fines

• Possession with intent to distribute (PWID) remains a felony, even for marijuana

Because laws differ widely, it’s important to understand how possession charges are handled in your area—and to speak with a criminal defense attorney if you're facing charges.

2. Possession of Prescription Pills (Without a Prescription)

Having prescription medications like Xanax, Adderall, Oxycodone, or Percocet without a valid prescription is a serious offense.

• Typically charged as an ungraded misdemeanor or felony depending on the quantity and circumstances.

• Penalties include:

  • Up to 1 year in jail for first-time simple possession

  • Possible felony charges if intent to distribute is suspected
    

Even if the pills were not yours or were medically necessary, possessing them without a prescription is illegal. Contact Mark D. Hauser today to be your prescription drug lawyer in Philadelphia.

3. Possession of Narcotics (Cocaine, Heroin, Methamphetamine, Fentanyl, etc.)

These substances are classified as Schedule I or II controlled substances, and possession is charged much more aggressively.

• First offense: Up to 1 year in jail and $5,000 in fines

• Repeat offenses: Harsher penalties, including felony charges

• Possession of even small amounts of fentanyl or heroin can trigger felony-level prosecution due to the opioid epidemic
  

Drug possession with intent to deliver (PWID), packaging materials, or scales may lead to charges that carry mandatory minimum sentences.

4. Collateral Consequences

A drug possession conviction can result in:

• A criminal record visible on background checks

• Driver’s license suspension (up to 6 months for certain drug offenses)

• Loss of employment or professional licenses

• Ineligibility for federal student loans

• Potential immigration consequences for non-citizens

5. First-Time Offender? You May Be Eligible for Diversion

If this is your first arrest, there may be options to avoid a conviction:

Accelerated Rehabilitative Disposition (ARD)

• Designed for first-time, non-violent offenders

• Completion of probation, drug education, or community service

• Charges can be dismissed and expunged afterward

Drug Treatment Court (Philadelphia)

• For individuals facing charges related to addiction

• Emphasizes treatment, support, and rehabilitation

• Charges may be reduced or dismissed upon successful completion

Philadelphia Summary Diversion Program

• For minor drug offenses and first-time summary charges

• Involves one-time educational programming

• Charges are withdrawn immediately after completion

These programs focus on recovery, not punishment—and I can help determine if you're eligible.

6. Drug Treatment Resources in Philadelphia

If addiction played a role in your arrest, seeking treatment not only helps your health—it can also help your case. Judges often look more favorably on defendants who take proactive steps toward rehabilitation.

Local Resources:

• Pennsylvania Department of Drug and Alcohol Programs: www.ddap.pa.gov

• Local Behavioral Health Services: Offers assessment and treatment referrals

• Prevention Point Philadelphia: Harm reduction and recovery services

• Gaudenzia and Horizon House: Inpatient and outpatient treatment programs

• Self-Help Movement: Residential drug and alcohol treatment

Get Legal Help Before It’s Too Late

Even a minor drug possession charge can follow you for life. The sooner you talk to a qualified criminal defense attorney, the more options you’ll have to fight the charge or seek alternative resolutions.

As a defense lawyer with over 30 years of experience in Pennsylvania, I’ve helped countless clients get charges reduced, avoid jail, and keep their records clean. If you're facing drug charges in Philadelphia or anywhere in the state, I can help you explore every option. Contact Mark D. Hauser, Attorney at Law today for a confidential case evaluation.