Drug Possession Defense Attorney in State College, PA

Recent statistics from the FBI’s Uniform Crime Reporting Program reveal that law enforcement in Pennsylvania arrested more than 11,000 individuals for simple cannabis possession in 2024, along with an additional 1,500 arrests related to cannabis sales and manufacturing. These numbers represent real people facing serious legal consequences that can affect employment, education, and personal freedom.

If you face drug possession charges in State College, you need legal representation that knows Pennsylvania law inside and out. At Terry Hess Law, our criminal defense attorney represents clients throughout Centre County on drug possession allegations, protecting their rights and their future.

Pennsylvania Drug Possession Laws

Pennsylvania categorizes controlled substances into schedules based on their potential for abuse and accepted medical use. State drug laws define these classifications and set penalties for possession, which can vary based on the substance, the amount involved, and whether the defendant has prior convictions.

The law distinguishes between simple possession and possession with intent to deliver. Simple possession means having a controlled substance for personal use. Possession with intent to deliver suggests you planned to distribute or sell drugs to others. Prosecutors consider factors such as quantity, packaging, scales, large amounts of cash, and other evidence to determine which charge applies.

Schedule I drugs include heroin, LSD, and ecstasy. These substances have no accepted medical use under Pennsylvania law. Schedule II drugs like cocaine, methamphetamine, and certain prescription painkillers have high abuse potential but some medical applications. Marijuana falls into a special category with its own set of rules and exceptions.

Penalties for Drug Possession in Pennsylvania

The consequences of a drug possession conviction depend on several factors. The type of drug, the amount in your possession, your criminal history, and where the alleged offense occurred all influence potential penalties.

Simple possession of a small amount of marijuana (30 grams or less) is an ungraded misdemeanor carrying up to 30 days in jail and a $500 fine for a first offense. However, possession of other controlled substances brings harsher penalties. A first-time conviction for possessing drugs like heroin or cocaine is a misdemeanor that can result in up to one year in jail and fines up to $5,000.

Subsequent offenses carry increased penalties. A second possession conviction can lead to longer jail terms and higher fines. If prosecutors charge you with possession with intent to deliver, you face felony charges with potential prison sentences ranging from one year to fifteen years, depending on the drug type and quantity.

Common Defenses in Drug Possession Cases

Every drug possession case presents unique circumstances and potential defense strategies. Pennsylvania law requires prosecutors to prove every element of the offense beyond a reasonable doubt. This high burden of proof creates opportunities for effective defense.

Police must follow strict constitutional rules when conducting searches and seizures. The Fourth Amendment protects you from unreasonable searches. If officers searched your vehicle, home, or person without probable cause or a valid warrant, any drugs they found may be inadmissible in court.

Possession requires more than just proximity to drugs. Prosecutors must prove you knowingly and intentionally possessed the controlled substance. If drugs were found in a shared space like a car with multiple passengers or a house with several residents, proving you possessed them becomes more difficult.

Lab testing errors happen more often than people think. The substance must be identified appropriately through laboratory analysis. Chain of custody issues, contaminated samples, or procedural errors in testing can cast doubt on whether the substance was an illegal drug.

Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If police or informants pressured you into possessing drugs, this defense might apply.

How Drug Possession Charges Work in Centre County

State College is in Centre County, where drug cases are handled in the Court of Common Pleas. The process typically begins with an arrest and preliminary arraignment. You receive formal notice of charges, and bail is set.

A preliminary hearing follows within days or weeks. At this hearing, the Commonwealth must show sufficient evidence to establish a prima facie case. The district justice determines whether probable cause exists to believe you committed the offense. If the case proceeds, it will be transferred to the Court of Common Pleas for a formal arraignment.

Pre-trial proceedings include discovery, during which both sides exchange evidence and witness lists. Your attorney can file pre-trial motions challenging evidence, requesting case dismissal, or seeking other relief.

Alternative Sentencing Options

Pennsylvania recognizes that incarceration is not always the best solution for drug offenses. Several programs offer alternatives that prioritize rehabilitation over punishment.

The state Accelerated Rehabilitative Disposition (ARD) program allows first-time offenders to complete probation and other requirements in exchange for having charges dismissed. Successful ARD completion means no conviction appears on your record. Eligibility depends on factors like criminal history, offense severity, and county policy.

Drug courts operate in many Pennsylvania counties, including Centre County. These specialized courts supervise participants through intensive treatment programs:

• Regular drug testing to monitor sobriety and ensure compliance with program requirements
• Mandatory counseling sessions addressing substance abuse issues and developing coping strategies
• Frequent court appearances before the judge to review progress and address challenges
• Community service obligations that help participants give back while building accountability

Completing drug court typically results in reduced charges or dismissal of the case. Probation with conditions may be an alternative. Some judges consider house arrest with electronic monitoring an alternative to jail.

Medical Marijuana and Legal Defenses

Pennsylvania legalized medical marijuana in 2016 through the Medical Marijuana Act. Patients with qualifying conditions can obtain medical marijuana cards and legally purchase cannabis from state-approved dispensaries. However, several restrictions apply.

You must have a valid medical marijuana card issued by the Pennsylvania Department of Health. The marijuana must come from a licensed dispensary. Even with a card, you cannot smoke marijuana or use it in public places. Driving under the influence of marijuana remains illegal regardless of medical card status.

Having a medical marijuana card does not provide blanket immunity from possession charges. If you possess marijuana exceeding allowable amounts, obtain it from unlicensed sources, or use it in prohibited ways, you can still face criminal charges.

Contact Us Today

A drug possession charge does not have to define your future. You have rights and options. At Terry Hess Law, we provide aggressive defense for State College residents facing drug possession allegations.

Do not wait to secure legal representation. Contact us online or call 814-880-4377 to schedule a consultation.