Criminal Defense · Drug Possession
Drug Possession Lawyer in Pennsylvania.
A simple possession charge in Pennsylvania is not a small thing — it carries jail exposure, a driver's license suspension, and a record that follows you through every job and housing application. Most first-time possession cases can be kept off your record entirely.
How Pennsylvania grades it
Drug Possession Defense in Pennsylvania.
Simple possession is an ungraded misdemeanor (up to 1 year); small-amount marijuana under (a)(31) is capped at 30 days; possession with intent to deliver is a felony graded by drug and weight.
Statute: 35 P.S. § 780-113(a)(16), (a)(31), (a)(32)
ARD & diversion
First-time possession is one of the most commonly ARD-approved charges in Central Pennsylvania.
| Offense & grading | Maximum exposure |
|---|---|
Small amount of marijuana — § 780-113(a)(31) Personal-use quantities (30g or less). Almost always resolvable without a conviction. | Up to 30 days jail, $500 fine |
Simple possession — § 780-113(a)(16) Ungraded misdemeanor. Second offense doubles the maximum to 3 years. | Up to 1 year jail, $5,000 fine |
Paraphernalia — § 780-113(a)(32) Often charged alongside possession; frequently the easiest count to negotiate away. | Up to 1 year jail, $2,500 fine |
Possession with intent to deliver (PWID) Weight, packaging, scales, and text messages drive the grading. Very different defense posture. | Felony — up to 15 years depending on substance |
Maximums are statutory ceilings, not expected sentences. Actual outcomes depend on prior record score, offense gravity score, and county practice.
How we defend drug possession cases.
Attack the stop and the search
Most possession cases live and die on the Fourth Amendment. No reasonable suspicion, an unlawful car search, or a bad consent = suppression, and suppression usually ends the case.
Challenge constructive possession
Drugs found in a shared car or apartment are not automatically yours. The Commonwealth must prove you knew about them and had the power to control them.
Test the lab work
Weight, substance identity, and chain of custody are all provable elements. Lab reports get amended and re-weighed more often than people expect.
Pursue ARD or a diversionary program
First-time possession is a core ARD case in Dauphin, Cumberland, York, and Adams counties — no conviction and expungement on completion.
Protect your driver's license
A first drug conviction triggers a 6-month PennDOT suspension under 75 Pa.C.S. § 1532(c). Resolving the case without a conviction avoids it.
Address treatment early
A documented evaluation and treatment plan before the preliminary hearing changes how a DA screens the case for diversion.
Where we appear
Drug Possession defense across Central Pennsylvania.
Attorney Quinlan appears in the magisterial district courts and Courts of Common Pleas in Dauphin, Cumberland, York, and Adams counties. Start with your city:
Harrisburg criminal defense lawyer
Dauphin County
Camp Hill criminal defense lawyer
Cumberland County
Carlisle criminal defense lawyer
Cumberland County
York criminal defense lawyer
York County
Mechanicsburg criminal defense lawyer
Cumberland County
Hershey criminal defense lawyer
Dauphin County
Other charges we defend.
Simple Assault
18 Pa.C.S. § 2701 (simple assault); § 2702 (aggravated assault)
Retail Theft
18 Pa.C.S. § 3929 (retail theft); § 3921 (theft by unlawful taking)
Firearms Charges
18 Pa.C.S. § 6106 (carrying without a license); § 6105 (persons not to possess); § 6108 (Philadelphia)
Probation Violation
42 Pa.C.S. § 9771; Act 44 of 2023 (probation review conferences)
Aggravated Assault
18 Pa.C.S. § 2702
Theft Charges
18 Pa.C.S. § 3921 (theft by unlawful taking); § 3925 (receiving stolen property); § 3922 (theft by deception)
PFA Defense
23 Pa.C.S. §§ 6101–6122; 18 Pa.C.S. § 4955 (indirect criminal contempt)
Disorderly Conduct
18 Pa.C.S. § 5503 (disorderly conduct); § 5505 (public drunkenness); § 2709 (harassment)
Related: Pennsylvania criminal defense overview · DUI defense · expungement in Dauphin County.
FAQ
Frequently asked questions.
Common questions about drug possession charges in Pennsylvania — grading, penalties, diversion, and record consequences.
Almost never for a genuine first offense with a personal-use quantity. The realistic outcomes are ARD, a diversionary program, or probation. The bigger risks are the criminal record itself and the 6-month license suspension that attaches to a drug conviction.
Related pages
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Every hour matters in a DUI or criminal case. Call directly and speak with Attorney Quinlan — not an intake desk.