What are the penalties for drug possession in Pennsylvania, and is there a first-offender option?

Last updated October 4, 2026.

Simple possession of a controlled substance without a valid prescription is a misdemeanor in Pennsylvania, punishable by up to one year in jail, a fine of up to $5,000, or both; after a prior drug conviction under the same section has become final, the maximum rises to three years and $25,000 (35 P.S. 780-113(a)(16) and (b)). Possession of a small amount of marijuana, 30 grams or less, is a separate, lesser offense. First offenders have options that can avoid a conviction: ARD, probation without verdict for people who are drug dependent (780-117), and in Delaware County, programs such as Misdemeanor Diversion and the Drug Treatment Court.

The Controlled Substance, Drug, Device and Cosmetic Act still governs; no 2025 or 2026 act amended it, based on the official lists of acts checked today. For our drug defense work, see our drug crimes page. Other charges we defend are listed on our criminal defense overview.

What are the possession offenses and penalties?

The line between possession and possession with intent to deliver is the most important line in a drug case, because intent turns a misdemeanor into a felony for most substances. It is explained in possession with intent to deliver versus possession. Marijuana has its own page: whether possessing a small amount of marijuana is still a crime.

How does a Delaware County possession case move, step by step?

1. Arrest or summons. A possession case may begin with an arrest or with a summons to appear. The general path is in what happens after an arrest in Delaware County.
2. Lab testing. The substance is tested. If the District Attorney intends to use a lab report without the analyst, it must give notice at least 20 days before trial, and the defense has 10 days to demand the analyst's testimony (Pa.R.Crim.P. 574).
3. Preliminary hearing. At the district court where the arrest happened, the Commonwealth must show a prima facie case.
4. Diversion decision. Early in the case, decide whether to apply for a program such as ARD or Misdemeanor Diversion; deadlines are tied to formal arraignment.
5. Formal arraignment and motions. A motion to suppress drugs found in a search must be in the omnibus pretrial motion within 30 days of arraignment (Pa.R.Crim.P. 579, 581); see formal arraignment and pretrial motions.
6. Resolution. Dismissal, diversion, a plea or trial.

What first-offender options exist?

Probation without verdict (780-117). The court may place a person on probation without verdict after a guilty or no contest plea to a nonviolent offense under the Act if the person proves drug dependency through a physician or psychologist trained in drug abuse. On successful completion, the court discharges the person and dismisses the proceedings without an adjudication of guilt, and it is not a conviction for any purpose, including repeat-offense penalties. It is available only once. People are ineligible if they have a prior drug conviction, a prior misdemeanor or felony conviction, prior ARD for a drug offense or a misdemeanor or felony, multiple separate offenses, certain juvenile adjudications, or a charge of delivery or possession with intent to deliver.

Disposition in lieu of trial (780-118). A person charged with a nonviolent crime who claims drug dependency may ask, before trial, for treatment instead of prosecution. A court-appointed physician advises whether charges should be held in abeyance for treatment, and the District Attorney decides whether to accept that advice.

ARD. The District Attorney's Accelerated Rehabilitative Disposition program can lead to dismissal and expungement; in Delaware County it requires a lawyer, a waiver of formal arraignment and fingerprinting, and conditions can include drug evaluations, classes and community service, according to the DA.

Delaware County programs. The DA describes Misdemeanor Diversion for low-level, non-violent misdemeanors, with community service and court costs, ending in dismissal; a voluntary 30-month Drug Treatment Court for non-violent offenders with substance use disorders, with early graduation possible at 24 months; and the Law Enforcement Treatment Initiative, which connects people to treatment. The programs are compared in diversion programs for non-DUI charges in Delaware County.

What changes the answer?

• A prior drug conviction. It triples the jail maximum for possession (780-113(b)) and bars probation without verdict (780-117(1)(i)).
• Quantity and packaging. Evidence of intent to deliver changes the charge to 780-113(a)(30).
• The substance. A small amount of marijuana is a lesser offense (780-113(a)(31)).
• A prescription. Possession is lawful if the substance was obtained directly from, or under, a valid prescription (780-113(a)(16)).
• An overdose call. A person who seeks help for someone overdosing, gives their name, cooperates and stays until help arrives may be immune from possession, small-amount marijuana and paraphernalia charges and from probation or parole violations, unless police learned of the offense independently (780-113.7).
• How the evidence was found. An unlawful stop or search can lead to suppression (Rule 581).

For example: a first offense found in a car

Here is a hypothetical. A 24-year-old in Upper Darby is stopped for a broken taillight, and officers find a small bag of pills without a prescription in the console. He has no record. He is charged with possession under 780-113(a)(16), a misdemeanor with a one-year maximum, and receives a summons for a preliminary hearing at the district court on Garrett Road.

His lawyer reviews the stop for a suppression issue and, in parallel, asks the District Attorney about ARD. If the DA accepts him, he waives formal arraignment, completes the drug evaluation and conditions, and the charge is dismissed and can be expunged. If ARD is refused and he is drug dependent, probation without verdict is another route, available only once. This example only illustrates the options; it does not predict any result.

What mistakes do people make with possession charges?

• Talking about the drugs at the scene. Statements become evidence and are disclosed in discovery (Rule 573(B)(1)(b)).
• Assuming a misdemeanor will not matter. A conviction can count against future cases and diversion eligibility.
• Missing diversion deadlines. Delaware County ARD paperwork is due 14 days before formal arraignment.
• Waiving the suppression issue. The motion must be timely (Rule 581(B)).
• Using up probation without verdict too soon. It is available only once.
• Not asking about treatment. Drug dependency opens 780-117 and 780-118 and county treatment court.

What should I do this week?

1. Write down exactly where and how the drugs were found.
2. Keep the citation or complaint and your hearing date.
3. Gather any prescription that covers the substance.
4. If substance use is an issue, consider an evaluation; it can support 780-117 or treatment court.
5. Do not discuss the case on social media or with anyone but your lawyer.
6. Book a consultation before the preliminary hearing.

Frequently asked questions

Is drug possession a felony in Pennsylvania?

Simple possession under 780-113(a)(16) is a misdemeanor. Possession with intent to deliver is generally a felony.

Can a possession record be cleared?

Under the Act, records of drug charges that are withdrawn, dismissed or end in acquittal are to be expunged, once as a matter of right and except for delivery or intent-to-deliver charges (780-119(a)), and successful probation without verdict ends in dismissal. Other routes are explained in expungement and Clean Slate.

Does a possession charge affect my driver's license?

Driving under the influence of a controlled substance is a separate DUI offense; see our DUI defense page.

Is there a mandatory minimum for simple possession?

The possession penalty in 780-113(b) is stated as a maximum, not a minimum.

What happens if I am caught a second time?

If the new possession offense happens after an earlier conviction under section 13 has become final, the maximum becomes three years and $25,000 (780-113(b)). For possession with intent to deliver, a second or later offense can carry up to twice the term and fine otherwise authorized (780-115).

What about pills from someone else's prescription?

The prescription exception covers a substance obtained directly from, or under, a valid prescription for you (780-113(a)(16)); someone else's prescription does not cover you.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a drug possession charge. Evening and weekend appointments are available.