Drugs

In Pennsylvania, simple possession of a controlled substance is usually a misdemeanor punishable by up to one year in jail, while possession with intent to deliver (PWID) and delivery are felonies. PWID of heroin, fentanyl, or cocaine carries up to 15 years. First offenders may qualify for ARD or probation without verdict, which can lead to expungement. Justin Panighetti, a former Erie County felony drug prosecutor, defends drug charges across Erie County.

These four offenses are the most common charges a person is likely to face in relation to the unlawful possession of a controlled substance:

• Possession of a Controlled Substance
• Possession of Drug Paraphernalia
• Possession with Intent to Deliver
• Delivery of a Controlled Substance

In most instances, drug charges come about in one of two ways:

• Through a search of an individual or their vehicle after a police interaction or traffic stop.
• Through an investigation conducted by law enforcement where controlled substances are seized via buys or search warrants.

The first situation generally results in a person getting charged with misdemeanors. The second, not surprisingly, normally leads to felony charges. There is a tremendous amount of nuance to defending a drug case, especially a felony drug case. As a result, they can be very complicated and often involve preliminary hearings, suppression hearings, and trials.

Most drug offenses fall under Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113). Maximum penalties for a first offense:

Penalties can increase with prior drug convictions, and the amount of drugs involved affects the sentencing guidelines. Read more about opioid and fentanyl charges in Erie and how felony charges are graded.

As one might expect, this is not an exhaustive list of the things you should be aware of as you navigate through the judicial system with a charge relating to the possession of a controlled substance. However, it’s a good start.

• ARD. A pretrial program for some first offenders. The District Attorney decides whether to recommend you, and completing it leads to dismissal and eligibility for expungement.
• Probation without verdict. Under Section 17 of the Drug Act, some first offenders charged with possession can complete probation without a conviction being entered, then seek expungement.
• Treatment court. Erie County runs a treatment court for eligible defendants whose charges are tied to substance use, combining supervision with treatment.
• Good Samaritan protection. Pennsylvania law can protect a person who calls for help during an overdose from being charged with possession, if certain conditions are met.

Whether you qualify depends on the charge, the amount involved, and your record. If a charge is resolved through one of these programs, our expungement page explains the next step.