A drug prosecution often turns on more than the identity or quantity of a substance. The Commonwealth may need to prove knowing possession, control, intent, and a reliable connection between the accused person and the evidence. Search-and-seizure issues, laboratory testing, informant reliability, digital records, and the distinction between possession and possession with intent to deliver can materially affect the case. The first step is to preserve the evidence and identify the exact subsection charged.
Is this your situation?
Drug allegations vary widely. The item may be found on a person, in a shared location, during a warrant search, or after an informant operation. The correct page should let the reader identify the prosecution theory without treating every case as the same offense.
- Drugs or paraphernalia were allegedly found in a vehicle, residence, bag, or shared space.
- Police allege possession with intent to deliver based on packaging, quantity, money, messages, or observations.
- The charge involves prescription medication, medical marijuana, or an alleged controlled-substance analog.
- Evidence came from a warrant, consent search, traffic stop, informant, controlled purchase, or phone extraction.
- You are on probation or parole, or face licensing, employment, housing, or immigration consequences.
Immediate risks
Evidence can involve several legal and forensic layers at once. Clients should preserve records, comply with release conditions, avoid explanations to investigators or other witnesses, and disclose probation, immigration, or licensing concerns to counsel promptly.
- Statements explaining ownership or use may be treated as admissions and should not be improvised.
- Phones, vehicles, money, and other property may be seized or held while the case is pending.
- Probation, parole, immigration status, professional licensing, and employment can create consequences beyond the charge itself.
- Search video, warrant materials, laboratory documentation, and informant evidence require timely requests and review.
- Grading and sentencing exposure depend on the current statute, substance, quantity, conduct, and record rather than a generic chart.
What happens next?
The charge must first be separated into its actual statutory and factual components. Search litigation, laboratory review, informant issues, diversion assessment, and trial preparation occur only when supported by the particular record.
- 1
Identify the exact charge
The complaint and docket establish whether the allegation is possession, PWID, paraphernalia, conspiracy, or another offense and identify the subsection to review.
- 2
Preliminary proceedings
Bail, a preliminary hearing, and early preservation requests may occur before the case reaches the Court of Common Pleas.
- 3
Discovery and forensic review
Counsel reviews search authority, body-camera or surveillance footage, laboratory results, chain of custody, witness statements, phone evidence, and alleged indicia of distribution.
- 4
Motions and resolution assessment
Potential suppression, admissibility, grading, severance, diversion, treatment, or negotiated-resolution issues are evaluated against the actual evidence.
- 5
Trial or disposition
If the case is not dismissed or resolved, the Commonwealth must prove every element at trial. Sentencing and collateral consequences require a separate current-law assessment.
How counsel helps
Counsel should test the connection between person, place, substance, and alleged purpose. A useful defense plan explains both what the evidence shows and what it does not establish, including gaps masked by a lengthy statutory citation.
- Analyze whether police had lawful grounds for the stop, detention, warrant, consent request, or search.
- Evaluate actual or constructive possession, knowledge, shared access, and the proof connecting the client to the substance.
- Review laboratory identification, weight, chain of custody, confidential-source evidence, and digital records.
- Challenge unsupported inferences of intent to deliver and identify innocent explanations for money, packaging, or communications where evidence supports them.
- Assess diversion, treatment, negotiated resolution, trial, and collateral-consequence options without promising eligibility or outcome.
Detailed Lehigh Valley Guidance
The overview above addresses immediate decisions. The sections below provide additional local and topic-specific detail.
Drug Charge Attorneys in Easton Pennsylvania, Serving Lehigh & Northampton County
Our Drug Charge Lawyers handle Possession with Intent to Distribute, Paraphernalia, Simple Possession & Small Amount of Marijuana Cases in Allentown, Bethlehem & Easton
Experienced Drug Charge Defense Attorneys in Easton, Pennsylvania
At Madsen Law Offices, located in Easton, PA, our dedicated team of Drug Charge Defense Attorneys represents clients across Easton, Allentown, and Bethlehem. We handle a broad spectrum of drug-related offenses, from minor possession of marijuana and drug paraphernalia to serious charges like Possession With Intent to Distribute substantial quantities of cocaine and heroin.
Comprehensive Defense Strategies for Drug Charges
Drug cases in Northampton and Lehigh Counties often hinge on complex evidence, including lab test results, the testimony of confidential informants, and the legality of police searches. Our skilled Northampton County Drug Charge Defense Lawyers are adept at challenging lab test results by scrutinizing the chain of custody and highlighting potential margins of error. We understand the nuances of cases involving confidential informants, particularly how their credibility can be undermined due to their own legal predicaments. Our attorneys are experienced in discrediting such testimony effectively, ensuring a robust defense for our clients.
Moreover, police searches that lead to drug charges frequently exceed legal bounds and are subject to case-specific suppression analysis. The team has handled drug cases in Northampton and Lehigh Counties, including matters involving suppression, dismissal, plea, and trial issues. Past results do not guarantee a similar outcome.
Navigating New Legal Landscapes
The advent of medical marijuana legalization and the issuance of medical marijuana cards have introduced new defense opportunities for individuals charged with marijuana-related offenses. Medical-marijuana authorization may create case-specific legal and factual issues, but it does not automatically require dismissal.
Alternative Resolutions and Challenging Mandatory Sentences
In situations where charges cannot be dismissed, our drug-defense lawyers have helped clients seek discretionary Accelerated Rehabilitative Disposition (ARD) when lawful and appropriate. For those facing convictions, we aggressively challenge harsh mandatory minimum sentences, leveraging our extensive experience to benefit our clients.
If you or someone you know is facing drug charges in Easton, Allentown, or Bethlehem, trust Madsen Law Offices for careful legal defense. Our seasoned Lehigh Valley Drug Charge Attorneys are committed to delivering aggressive and competent representation to mitigate the impact of drug charges on your life.
Our Drug Defense Attorneys Represent Defendants facing Drug Charges throughout Northampton County & Lehigh County, including Allentown, Bethlehem, Easton.
Drug Cases Defended By Criminal Defense Lawyers in the Easton Law Office
- Small Amount of Marijuana
- Drug Possession
- Possession with Intent to Distribute or Deliver
- Heroin Possession
- Cocaine Possession
- Methamphetamine Possession
- Medical Marijuana Issues
- Drug Paraphernalia
Our Approach to Defending Drug Charges in Northampton County & Lehigh County
Aggressive Criminal Defense to Lehigh Valley Drug Charges
Early Intervention & Aggressive Drug Charge Defense
Our Drug Charge Defense Attorneys are involved early and often
When at all possible we want to be involved in a Lehigh or Northampton County Drug Case as early as possible. As time passes, memories fade or distort and witnesses may become harder and harder to track down. Security camera footage in Allentown, Bethlehem or Easton may be overwritten and cell phone records may be destroyed. An experienced Drug Charge Attorney will collect this evidence before it goes stale. The earlier our Drug Defense Attorneys are contacted, the more informed preparation we can achieve. In many cases, our Lehigh Valley drug case clients may contact us during a drug investigation, before drug charges are filed, and we may be able to intervene in such a way that stops drug charges from ever being filed.
Top 10 Things to Know if You've Been Charged with a Drug-Related Crime
Understand the Charges: Know exactly what you are charged with. Different charges carry different potential penalties and consequences.
Exercise Your Rights: Remain silent and request an attorney immediately. Anything you say can be used against you in court. You have the right to legal representation before speaking to the police.
Legal Representation is Crucial: Contact a qualified drug charge defense attorney as soon as possible. An experienced lawyer can guide you through the legal process and help protect your rights.
Bail Considerations: Depending on the severity of the charges, you might be eligible for bail. Your attorney can argue for a reasonable bail amount or contest your detention.
Evidence Review: Your defense attorney will review the evidence against you, including how it was obtained. Illegal searches and seizures can sometimes lead to evidence being dismissed.
Explore Defense Strategies: There are numerous defense strategies for drug charges, such as challenging the legality of a drug search, the reliability of witnesses, or the handling of evidence.
Potential Plea Bargains: In some cases, pleading guilty to a lesser charge might be in your best interest. Discuss all options with your lawyer to understand the best course of action.
Impact on Employment and Housing: Drug charges can affect your current employment, future job prospects, and housing opportunities. It’s important to consider these impacts in your defense strategy.
Drug Treatment Programs: If drug dependency is a factor, participation in treatment programs can sometimes help reduce penalties and support your recovery journey.
Preparing for Court: Work closely with your attorney to prepare for court appearances. Being well-prepared can make a significant difference in the outcome of your case.
Lehigh & Northampton County Drug Charge FAQs
Questions commonly asked of our drug defense lawyers by those facing drug charges in Lehigh & Northampton County.
What is the Penalty for a Small Amount of Marijuana in Pennsylvania?
What is the Penalty for Drug Possession in Pennsylvania?
What is the Penalty for Drug Paraphernalia in Pennsylvania?
How is Possession with Intent to Deliver or Distribute Punished in Pennsylvania?
How do I Fight Drug Charges in Pennsylvania?
What are the Pennsylvania Drug Laws?
Current statutory text checked September 27, 2026 against the official text at palegis.us.
acts and the causing thereof within the Commonwealth are hereby
prohibited:
(1) The manufacture, sale or delivery, holding, offering
for sale, or possession of any controlled substance, other drug,
device or cosmetic that is adulterated or misbranded.
(2) The adulteration or misbranding of any controlled
substance, other drug, device or cosmetic.
(3) The dissemination or publication of any false or
materially misleading advertisement.
(4) The removal or disposal of a detained or embargoed
substance or article, whether or not such substance or article
is in fact adulterated or misbranded.
(5) The adulteration, mutilation, destruction, obliteration
or removal of the whole or any part of the labeling of, or the
doing of any other act with respect to a controlled substance,
other drug, device or cosmetic, if such act is done while such
substance or article is held for sale and results in such
substance or article being adulterated or misbranded.
(6) Forging, counterfeiting, simulating or falsely
representing, or without proper authority using any mark, stamp,
tag, label or other identification symbol authorized or required
by regulation promulgated under the provisions of this act.
(7) Placing or causing to be placed upon any controlled
substance, other drug, device or cosmetic, or upon the container
of any controlled substance, other drug, device or cosmetic,
with intent to defraud, the trademark, trade name or other
identifying mark, imprint or symbol of another, or any likeness
of any of the foregoing.
(8) Selling, dispensing, disposing of or causing to be sold,
dispensed or disposed of, or keeping in possession, control or
custody, or concealing any controlled substance, other drug,
device or cosmetic or any container of any drug, device or
cosmetic with knowledge that the trademark, trade name or other
identifying mark, imprint or symbol of another, or any likeness
of any of the foregoing, has been placed thereon in a manner
prohibited by clause (7) hereof.
(9) Making, selling, disposing of or causing to be made,
sold, or disposed of, or keeping in possession, control or
custody, or concealing with intent to defraud, any punch, die,
plate, stone or other thing designed to print, imprint or
reproduce the trademark, trade name or other identifying mark,
imprint or symbol of another or any likeness of any of the
foregoing upon any controlled substance, other drug, device or
cosmetic or container thereof.
(10) The sale at retail of a nonproprietary drug except by
a registered pharmacist in a licensed pharmacy or by a
practitioner.
(11) The operation of a drug manufacturing, distributing
or retailing establishment, except by registered pharmacists
in a licensed pharmacy, without conforming with such standards
respecting sanitation, materials, equipment and supplies as the
secretary, after consultation with the board, may establish by
regulation for the protection of the public health and safety.
(12) The acquisition or obtaining of possession of a
controlled substance by misrepresentation, fraud, forgery,
deception or subterfuge.
(13) The sale, dispensing, distribution, prescription or
gift by any practitioner otherwise authorized by law so to do
of any controlled substance to any person known to such
practitioner to be or whom such practitioner has reason to know
is a drug dependent person, unless said drug is prescribed, administered, dispensed or given, for the cure or treatment of
some malady other than drug dependency, except that the council,
in accordance with Federal narcotic and food and drug laws,
shall allocate the responsibility for approving and designating
certain clinics, and shall provide or allocate the
responsibility for providing regulations for such clinics at
which controlled substances, including but not limited to
methadone, may be prescribed, administered or dispensed for the
treatment of drug dependency. This clause shall not prohibit
any practitioner from prescribing, distributing or dispensing
any controlled substance for a period of time not to exceed
fourteen days pending confirmed admission of the patient to a
hospital or rehabilitation center.
(14) The administration, dispensing, delivery, gift or
prescription of any controlled substance by any practitioner
or professional assistant under the practitioner's direction
and supervision unless done (i) in good faith in the course of
his professional practice; (ii) within the scope of the patient
relationship; (iii) in accordance with treatment principles
accepted by a responsible segment of the medical profession.
(15) The sale at retail or dispensing of any controlled
substance listed in Schedules II, III and IV to any person,
except to one authorized by law to sell, dispense, prescribe
or possess such substances, unless upon the written or oral
prescription of a person licensed by law to prescribe such drug
and unless compounded or dispensed by a registered pharmacist
or pharmacy intern under the immediate personal supervision of
a registered pharmacist, or the refilling of a written or oral
prescription order for a drug, unless such refilling is
authorized by the prescriber either in the original written
prescription order or by written confirmation of the original
oral prescription order. The provisions of this subsection shall
not apply to a practitioner licensed to prescribe or dispense
such drugs, who keeps a record of the amount of such drugs
purchased and a dispensing record showing the date, name, and
quantity of the drug dispensed and the name and address of the
patient, as required by this act.
(16) Knowingly or intentionally possessing a controlled or
counterfeit substance by a person not registered under this
act, or a practitioner not registered or licensed by the
appropriate State board, unless the substance was obtained
directly from, or pursuant to, a valid prescription order or
order of a practitioner, or except as otherwise authorized by
this act.
(17) The wilful dispensing of a controlled substance by a
practitioner otherwise authorized by law so to do without
affixing to the container in which the drug is sold or dispensed
a label bearing the name and address of the practitioner, the
date dispensed, the name of the patient and the directions for
the use of the drug by the patient.
(18) The selling by a pharmacy or distributor of any
controlled substance or other drug unless the container bears
a label, securely attached thereto, stating the specific name
of the drug and the proportion or amount thereof unless
otherwise specifically directed in writing by the practitioner.
(19) The intentional purchase or knowing receipt in commerce
by any person of any controlled substance, other drug or device
from any person not authorized by law to sell, distribute,
dispense or otherwise deal in such controlled substance, other
drug or device.
(20) The using by any person to his own advantage, or
revealing other than to the secretary or officers or employes of the department or to the council or to the board or to courts
or a hearing examiner when relevant to proceedings under this
act any information acquired under authority of this act
concerning any method or process which as a trade secret is
entitled to protection. Such information obtained under the
authority of this act shall not be admitted in evidence in any
proceeding before any court of the Commonwealth except in
proceedings under this act.
(21) The refusal or failure to make, keep or furnish any
record, notification, order form, statement, invoice or
information required under this act.
(22) The refusal of entry into any premises for any
inspection authorized by this act.
(23) The unauthorized removing, breaking, injuring, or
defacing a seal placed upon embargoed substances or the removal
or disposal of substances so placed under seal.
(24) The failure by a manufacturer or distributor to
register or obtain a license as required by this act.
(25) The manufacture of a controlled substance by a
registrant who knows or who has reason to know, the
manufacturing is not authorized by his registration, or who
knowingly distributes a controlled substance not authorized by
his registration to another registrant or other authorized
person.
(26) The knowing distribution by a registrant of a
controlled substance classified in Schedules I or II, except
pursuant to an order form as required by this act.
(27) The use in the course of the manufacture or
distribution of a controlled substance of a registration number
which is fictitious, revoked, suspended, or issued to another
person.
(28) The furnishing of false or fraudulent material
information in, or omission of any material information from
any application, report, or other document required to be kept
or filed under this act, or any record required to be kept by
this act.
(29) The intentional making, distributing, or possessing
of any punch, die, plate, stone, or other thing designed to
print, imprint, or reproduce the trademark, trade name, or other
identifying mark, imprint, or symbol of another or any likeness
of any of the foregoing upon any drug or container or labeling
thereof so as to render the drug a counterfeit substance.
(30) Except as authorized by this act, the manufacture,
delivery, or possession with intent to manufacture or deliver,
a controlled substance by a person not registered under this
act, or a practitioner not registered or licensed by the
appropriate State board, or knowingly creating, delivering or
possessing with intent to deliver, a counterfeit controlled
substance.
(31) Notwithstanding other subsections of this section, (i)
the possession of a small amount of marihuana only for personal
use; (ii) the possession of a small amount of marihuana with
the intent to distribute it but not to sell it; or (iii) the
distribution of a small amount of marihuana but not for sale.
For purposes of this subsection, thirty (30) grams of
marihuana or eight (8) grams of hashish shall be considered a
small amount of marihuana.
(32) The use of, or possession with intent to use, drug
paraphernalia for the purpose of planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing,
analyzing, packing, repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into
the human body a controlled substance in violation of this act.
(33) The delivery of, possession with intent to deliver,
or manufacture with intent to deliver, drug paraphernalia,
knowing, or under circumstances where one reasonably should
know, that it would be used to plant, propagate, cultivate,
grow, harvest, manufacture, compound, convert, produce, process,
prepare, test, analyze, pack, repack, store, contain, conceal,
inject, ingest, inhale or otherwise introduce into the human
body a controlled substance in violation of this act.
(34) The placing in any newspaper, magazine, handbill or
other publication or by written or electronic means, including
electronic mail, Internet, facsimile and similar transmission,
any advertisement, knowing, or under circumstances where one
reasonably should know, that the purpose of the advertisement,
in whole or in part is to promote the sale of objects designed
or intended for use as drug paraphernalia. ((34) amended Nov.
24, 1999, P.L.894, No.55)
(35) (i) Except as otherwise provided by law,
manufacturing, processing, packaging, distributing, possessing
with intent to distribute or selling a noncontrolled substance
that has a stimulant or depressant effect on humans, other than
a prescription drug, which, or the label or container of which,
substantially resembles a specific controlled substance. In
determining whether there has been a violation of this
subclause, the following factors shall be considered:
(A) Whether the noncontrolled substance in its overall
finished dosage appearance is substantially similar in size,
shape, color and markings or lack thereof to a specific
controlled substance.
(B) Whether the noncontrolled substance in its finished
dosage form is packaged in a container which, or the labeling
of which, bears markings or printed material substantially
similar to that accompanying or containing a specific controlled
substance.
(ii) Except as otherwise provided by law, no person shall
knowingly distribute or sell a noncontrolled substance upon the
express or implied representation that the substance is a
controlled substance. In determining whether there has been a
violation of this subclause, the following factors shall be
considered:
(A) Whether the noncontrolled substance in its overall
finished dosage appearance is substantially similar in size,
shape, color and markings or lack thereof to a specific
controlled substance.
(B) Whether the noncontrolled substance in its finished
dosage form is packaged in a container which, or the labeling
of which, bears markings or printed material substantially
similar to that accompanying or containing a specific controlled
substance.
(C) Whether the noncontrolled substance is packaged in a
manner ordinarily used for the illegal delivery of a controlled
substance.
(D) Whether the consideration tendered in exchange for the
noncontrolled substance substantially exceeds the reasonable
value of the substance, considering the actual chemical
composition of the substance and, where applicable, the price
at which over-the-counter substances of like chemical
composition sell.
(E) Whether the consideration tendered in exchange for the
noncontrolled substance approximates or exceeds the price at
which the substance would sell upon illegal delivery were it actually the specific controlled substance it physically
resembles.
(iii) Except as otherwise provided by law, no person shall
knowingly distribute or sell a noncontrolled substance upon the
express representation that the recipient, in turn, will be
able to distribute or sell the substance as a controlled
substance.
(iv) In any criminal prosecution brought under this clause,
it shall not be a defense that the defendant believed the
noncontrolled substance actually to be a controlled substance.
(v) The provisions of this clause shall not be applicable
to:
(A) Law enforcement officers acting in the course and
legitimate scope of their employment.
(B) Persons who manufacture, process, package, distribute
or sell noncontrolled substances to licensed medical
practitioners for use as placebos in the course of professional
practice or research or for use in FDA approved investigational
new drug trials.
(C) Licensed medical practitioners, pharmacists and other
persons authorized to dispense or administer controlled
substances and acting in the legitimate performance of their
professional license pursuant to subclause (v)(B).
(D) A noncontrolled substance that was initially introduced
into commerce prior to the initial introduction into commerce
of the controlled substance which it is alleged to imitate.
(36) The knowing or intentional manufacture, distribution,
possession with intent to distribute, or possession of a
designer drug. Nothing in this section shall be construed to
apply to a person who manufactures or distributes a substance
in conformance with the provisions of an approved new drug
application or an exemption for investigational use within the
meaning of section 505 of the Federal Food, Drug and Cosmetic
Act (21 U.S.C. § 355). For purposes of this section, no new
drug shall be introduced or delivered for introduction except
upon approval of an application pursuant to section 505 of the
Federal Food, Drug and Cosmetic Act. ((36) amended Feb. 11,
2000, P.L.9, No.3)
(37) The possession by any person, other than a registrant,
of more than thirty doses labeled as a dispensed prescription
or more than three trade packages of any anabolic steroids
listed in section 4(3)(vii). ((37) added Dec. 22, 1989, P.L.750,
No.104)
(38) The unlawful manufacture of methamphetamine or
phencyclidine or their salts, isomers and salts of isomers,
whenever the existence of such salts, isomers or salts of
isomers is possible within the specific chemical designation:
(i) in a structure where any child under 18 years of age
is present; or
(ii) where the manufacturing of methamphetamine or
phencyclidine causes any child under 18 years of age to suffer
bodily injury.
((38) added Nov. 19, 2004, P.L.846, No.108)
(39) The knowing possession of ephedrine, pseudoephedrine
or phenylpropanolamine, or any of their salts, optical isomers
or salts of optical isomers with the intent to manufacture
methamphetamine. ((39) added Feb. 17, 2010, P.L.137, No.8, and
amended April 29, 2010, P.L.182, No.21)
(40) (Reserved). ((40) amended July 9, 2013, P.L.359, No.53)
(b) Any person who violates any of the provisions of clauses
(1) through (11), (13) and (15) through (20) or (37) of
subsection (a) shall be guilty of a misdemeanor, and except for clauses (4), (6), (7), (8), (9) and (19) shall, on conviction
thereof, be sentenced to imprisonment not exceeding one year
or to pay a fine not exceeding five thousand dollars ($5,000),
or both, and for clauses (4), (6), (7), (8), (9) and (19) shall,
on conviction thereof, be sentenced to imprisonment not
exceeding three years or to pay a fine not exceeding five
thousand dollars ($5,000), or both; but, if the violation is
committed after a prior conviction of such person for a
violation of this act under this section has become final, such
person shall be sentenced to imprisonment not exceeding three
years or to pay a fine not exceeding twenty-five thousand
dollars ($25,000), or both. ((b) amended Dec. 22, 1989, P.L.750,
No.104)
(c) Any person who violates the provisions of clauses (21),
(22), (24) and (39) of subsection (a) shall be guilty of a
misdemeanor, and shall, on conviction thereof, be punished only
as follows:
(1) Upon conviction of the first such offense, he shall be
sentenced to imprisonment not exceeding six months, or to pay
a fine not exceeding ten thousand dollars ($10,000), or both.
(2) Upon conviction of the second and subsequent offense,
he shall be sentenced to imprisonment not exceeding two years,
or to pay a fine not exceeding twenty-five thousand dollars
($25,000), or both.
((c) amended July 9, 2013, P.L.359, No.53)
(d) Any person who knowingly or intentionally violates
clause (23) of subsection (a) is guilty of a misdemeanor and
upon conviction thereof shall be sentenced to imprisonment not
exceeding three years, or to pay a fine not exceeding fifteen
thousand dollars ($15,000), or both.
(e) Any person who violates clauses (25) through (29) of
subsection (a) is guilty of a misdemeanor and upon conviction
shall be sentenced to imprisonment not exceeding three years,
or to pay a fine not exceeding twenty-five thousand dollars
($25,000), or both.
(f) Any person who violates clause (12), (14) or (30) of
subsection (a) with respect to:
(1) A controlled substance or counterfeit substance
classified in Schedule I or II which is a narcotic drug, is
guilty of a felony and upon conviction thereof shall be
sentenced to imprisonment not exceeding fifteen years, or to
pay a fine not exceeding two hundred fifty thousand dollars
($250,000), or both or such larger amount as is sufficient to
exhaust the assets utilized in and the profits obtained from
the illegal activity.
(1.1) Phencyclidine; methamphetamine, including its salts,
isomers and salts of isomers; coca leaves and any salt,
compound, derivative or preparation of coca leaves; any salt,
compound, derivative or preparation of the preceding which is
chemically equivalent or identical with any of these substances,
except decocanized coca leaves or extracts of coca leaves, which
extracts do not contain cocaine or ecgonine; and marihuana in
a quantity in excess of one thousand (1,000) pounds, is guilty
of a felony and upon conviction thereof shall be sentenced to
imprisonment not exceeding ten years, or to pay a fine not
exceeding one hundred thousand dollars ($100,000), or both, or
such larger amount as is sufficient to exhaust the assets
utilized in and the profits obtained from the illegal
manufacture or distribution of these substances.
(2) Any other controlled substance or counterfeit substance
classified in Schedule I, II, or III, is guilty of a felony and
upon conviction thereof shall be sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding fifteen
thousand dollars ($15,000), or both.
(3) A controlled substance or counterfeit substance
classified in Schedule IV, is guilty of a felony and upon
conviction thereof shall be sentenced to imprisonment not
exceeding three years, or to pay a fine not exceeding ten
thousand dollars ($10,000), or both.
(4) A controlled substance or counterfeit substance
classified in Schedule V, is guilty of a misdemeanor and upon
conviction thereof shall be sentenced to imprisonment not
exceeding one year, or to pay a fine not exceeding five thousand
dollars ($5,000), or both.
(g) Any person who violates clause (31) of subsection (a)
is guilty of a misdemeanor and upon conviction thereof shall
be sentenced to imprisonment not exceeding thirty days, or to
pay a fine not exceeding five hundred dollars ($500), or both.
(h) Any penalty imposed for violation of this act shall be
in addition to, and not in lieu of, any civil or administrative
penalty or sanction authorized by law.
(i) Any person who violates clauses (32), (33) and (34) of
subsection (a) is guilty of a misdemeanor and upon conviction
thereof shall be sentenced to pay a fine not exceeding two
thousand five hundred dollars ($2,500) or to imprisonment not
exceeding one (1) year, or both. Any person who violates clause
(33) by delivering drug paraphernalia to a person under eighteen
(18) years of age who is three (3) or more years his junior
shall be guilty of a misdemeanor of the second degree and upon
conviction thereof shall be sentenced to pay a fine not
exceeding five thousand dollars ($5,000) or to imprisonment not
exceeding two (2) years, or both.
(j) Any person who violates any provisions of subclause (i)
or (ii) or (iii) of clause (35) of subsection (a) is guilty of
a felony, and upon conviction thereof shall be sentenced to
imprisonment not exceeding five years, or to pay a fine not
exceeding ten thousand dollars ($10,000), or both.
(k) Any person convicted of manufacture of amphetamine, its
salts, optical isomers and salts of its optical isomers;
methamphetamine, its salts, isomers and salts of isomers; or
phenylacetone and phenyl-2-proponone shall be sentenced to at
least two years of total confinement without probation, parole
or work release, notwithstanding any other provision of this
act or other statute to the contrary. ((k) amended July 3, 1985,
P.L.138, No.39)
(l) Any person who violates clause (36) is guilty of a
felony and upon conviction thereof shall be sentenced to
imprisonment not exceeding fifteen years or to pay a fine not
exceeding two hundred fifty thousand dollars ($250,000), or
both. ((l) added Dec. 11, 1986, P.L.1488, No.154)
Later subsections are omitted here; see the official text.
Criminal Court Process in Lehigh and Northampton Counties
A brief explanation of criminal-court hearings in Lehigh and Northampton Counties
Filing of Charges
Preliminary Arraignment
Preliminary Hearing
Formal Arraignment
Pre-Trial Motions & Hearings
Criminal Trial
Are you looking for a Drug Charge Attorney?
Our Lehigh County & Northampton County Drug Charge Attorneys are here to help!
Call a Criminal Defense Attorney: (484) 548-0529
Frequently asked questions
What is the difference between possession and PWID?
Simple possession generally concerns knowing possession for personal use. PWID requires proof of intent to manufacture or deliver. Quantity may be relevant, but prosecutors can also rely on packaging, communications, money, observations, or other contextual evidence.
Can I be charged if the drugs were found in a shared car or home?
Yes, but proximity alone does not automatically establish knowing possession or control. Ownership, access, statements, location, personal items, fingerprints, messages, and other evidence may be important.
Can a search be challenged?
Potentially. Counsel may examine whether a warrant was supported and properly executed, whether consent was voluntary and within scope, and whether an exception to the warrant requirement actually applied.
Does the laboratory report end the case?
No. The report may be important, but identity, weight, sampling, chain of custody, admissibility, and the connection between the tested item and the accused person can still require review.
Are treatment or diversion options available?
They may be, depending on the charge, record, facts, county program, and prosecutor or court approval. ARD and other alternatives are discretionary; eligibility should be confirmed before relying on them.
Important: This page provides general information, not legal advice. Deadlines, procedures, eligibility, and potential outcomes depend on the specific facts and current law. No attorney-client relationship is formed by viewing this page.