Pennsylvania Prescription Drug Laws

Pennsylvania prescription drug laws are complex. If you’ve been charged with possession, selling (PWI) or trafficking of prescription medications, the stakes are high. Every state has different laws when it comes to prescription drugs. Pennsylvania has its own prescription drug laws.

Controlled substances laws in PA are a mess. What is legal. What is illegal. It changes. This is especially true with all of the new novel drugs such as synthetic marijuana, synthetic opiates and synthetic hallucinogens. 
Even the most minor drug possession conviction can result in heavy fines, jail time, and a permanent criminal record.

Prescription medication abuse is on the rise. According to the Foundation for a Drug-Free World, more than 15 million Americans abuse prescription drugs. Medical emergencies resulting from prescription drug use increased over 130% in the past 10 years. Possession with the intent to use a prescription medication that is not prescribed to you or a controlled substance you are not authorized to have is a crime, no matter how small the amount.

Additional recommended reading:

• Is it illegal to have someone else’s prescription?

Due to the rise in prevalence of prescription medication abuse and the increased number of medical emergencies, the government is cracking down hard. The government will likely try to make it look like you are a big time Kingpin. A lot of the time, they use the testimony of unreliable snitches who will say anything about you to save their own skin. One of our strategies is working to get the evidence suppressed by examining whether the police followed the proper procedures during their investigation. We know how to fight these cases and will work hard to protect your rights.

What controlled drugs are in PA?

Possession of a controlled substance, from schedule V medications that are not prescribed to you, up to schedule I illegal drugs, is a crime. If you are caught with controlled substance in your possession, the government will try to make it look like to you are a drug dealer. They will say that you sell drugs for profit to the innocent and unwary citizens of Pennsylvania. The government will try to make you look the kingpin. They don’t play fair.

Government tactics

Using whatever tactics necessary to secure a conviction for the most serious charge they can, the government hurts folks. The government will often use surreptitious methods in securing evidence such as using confidential informants and jail house snitches who will say and do anything to save their own skin. At The McShane Firm, we have experience with all these government tactics. We know how to fight these cases and will work hard to protect your rights.

You are not a drug dealer or a junkie

We will help

The skilled attorneys of The McShane Firm have the aggressive courtroom skills you need to help reduce or beat your charges. With our advanced scientific training, we can defend you against all drug charges, including:

• Prescription Drug Possession
• Prescription Drug Sale or Distribution
• All types of and schedules of Prescription drugs
  

  What is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

  Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

  Opioids/ Painkillers

  (slang terms include biscuits, blue heaven, blues, Mrs. O, octagons, stop signs, O Bomb, Oxy, O.C., oxycotton, oxycet, hillbilly heroin, percs, Watsons, footballs, dillies, demmies, chocolate chip cookies, M, Miss Emma, monkey, white stuff, cody, syrup, fizzies, apache, china girl, dance fevcer, jackpot, TNT, Tango and Cash, blue heaven, O bomb)

  Trade name	Generic Name	Federal Schedule	Pennsylvania Schedule
  Fentanyl	Actiq, Duragesic, Sublimaze	Schedule II	Schedule II
  Hydrocodone	Vicodin	Schedule II	Schedule II
  Morphine	Ms Contin, Roxanol	Schedule II	Schedule II
  Oxycodone	OxyContin, Percocet	Schedule II	Schedule II
  Oxycodone HCL	Percodan, Tylox	Schedule II	Schedule II
  Meperidine Hydrochloride	Demerol	Schedule II	Schedule II
  Hydrocodone Combination	Lortab	Schedule III	Schedule II
  Oxymorphone	Opana ER, Numorphan	Schedule II	Schedule II
  Bitartrate Hydromorphone	Dilaudid	Schedule II	Schedule II
  Dextropropoxyphene	Darvon, Darvocet	Schedule IV	Schedule IV

  Barbiturates

  (Slang names include barbs, reds, red birds, phennies, tooies, yellows, yellow jackets).

  Trade name	Generic name	Federal Schedule	Pennsylvania Schedule
  Amobarbital	Amytal	Schedule II	Schedule II
  Pentobarbital	Nembutal	Schedule II	Schedule II
  Secobarbital	Seconal	Schedule II	Schedule II

  Benzodiazepines (slang names include candy, downers, sleeping pills, tranks)

  Trade name	Generic name	Federal Schedule	Pennsylvania Schedule
  Phenobarbital	Luminal	Schedule IV	Schedule IV
  Diazepam	Valium	Schedule IV	Schedule IV
  Alprazolam	Xanax	Schedule IV	Schedule IV
  Lorazepam	Ativan	Schedule IV	Schedule IV
  Triazolam	Halcion	Schedule IV	Schedule IV
  Chlordiazepoxide	Librium	Schedule IV	Schedule IV
  Clonazepam	Klonopin	Schedule IV	Schedule IV
  Flunitrazepam	Rohypnol	Schedule IV	Schedule I

  Sedative-hypnotics

  (slang names include sleeping pills, mickies)

  Trade name	Generic name	Federal Schedule	Pennsylvania Schedule
  Zolpidem	Ambien	Schedule IV	Schedule IV
  Zaleplon	Sonata	Schedule IV	None
  Zopiclone	Lunesta	Schedule IV	None
  Gama Hydroxybutyric Acid	GHB	Schedule I	Schedule I
  Ketamine	Ketaset, Special K	Schedule III	Schedule III

  Anti-depressants

  Trade name	Generic name	Federal Schedule	Pennsylvania Schedule
  Sertraline	Zoloft	None	None
  Fluoxetine	Prozac	None	None
  Escitalopram	Lexapro	None	None
  Paroxetine	Paxil CR	None	None

  Steroids

  (slang names include gear, gym juice, the juice)

  Trade name	Generic name	Federal Schedule	Pennsylvania Schedule
  Nandrolone	Oxandrin	Schedule III	Schedule III
  Oxandrolone	Anadrol	Schedule III	Schedule III
  Oxymetholone	Anadrol-50	Schedule III	Schedule III
  Testosterone Cypionate	Depo-Testosterone	Schedule III	Schedule III
  Testosterone Enanthate	Delatestryl, Tesamone	Schedule III	Schedule III
  Methandienone	Dianabol	Schedule III	Schedule III
  Boldenone	Equipoise	Schedule III	None

All of the attorneys at The McShane Firm have specialized training in the science behind forensic drug analysis and identification

Contact us today for your free, no obligation consultation. We’ll discuss your legal options and help you fight for your rights and your freedom.

Pennsylvania Prescription Drug Penalties

In the State of Pennsylvania, it is illegal to possess or distribute controlled substances including prescription medications. Prescription drug laws and Pennsylvania controlled substances laws are harsh if you violate them.

The heavy fines, possible jail time, and permanent criminal record that come with a drug possession conviction can complicate your life for years to come. That’s why it’s important to have an aggressive defense attorney by your side in court. 

Sentencing for prescription drug or controlled substances possession or sales vary greatly depending on the type of drug and how much was found in your possession. Below is an overview of the current typical penalties for prescription drug or controlled substances charges in PA.

Prescription and Controlled Substances Drug Penalties Overview

Charge:

Possession with Intent to Deliver Schedule I or II narcotics – First Offense

Grade:

Felony

Maximum Prison:

Fifteen Years

Maximum Fine:

$250,000

Charge:

Possession with Intent to Deliver Schedule I or II narcotics – Subsequent Offense

Grade:

Felony

Maximum Prison:

Thirty Years

Maximum Fine:

$500,000

Charge:

Possession with Intent to Deliver Phencyclidine, methamphetamine, cocaine (including salts and isomers) – First Offense

Grade:

Felony

Maximum Prison:

Ten Years

Maximum Fine:

$100,000

Charge:

Possession with Intent to Deliver Phencyclidine, methamphetamine, cocaine (including salts and isomers) – Subsequent Offense

Grade:

Felony

Maximum Prison:

Twenty Years

Maximum Fine:

$200,000

Charge:

Possession with Intent to Deliver Schedule I, II, or III (non-narcotics) – First Offense

Grade:

Felony

Maximum Prison:

Five Years

Maximum Fine:

$15,000

Charge:

Possession with Intent to Deliver Schedule I, II, or III (non-narcotics) – Subsequent Offense

Grade:

Felony

Maximum Prison:

Ten Years

Maximum Fine:

$30,000

Charge:

Possession with Intent to Deliver Schedule IV – First Offense

Grade:

Felony

Maximum Prison:

Three Years

Maximum Fine:

$10,000

Charge:

Possession with Intent to Deliver Schedule IV – Subsequent Offense

Grade:

Felony

Maximum Prison:

Six Years

Maximum Fine:

$20,000

Charge:

Possession with Intent to Deliver Schedule V – First Offense

Grade:

Misdemeanor

Maximum Prison:

1 Year

Maximum Fine:

$5,000

Charge:

Possession with Intent to Deliver Schedule V – Subsequent Offense

Grade:

Misdemeanor

Maximum Prison:

Two Years

Maximum Fine:

$10,000

Charge:

Simple Possession – First Offense

Grade:

Misdemeanor

Maximum Prison:

One Year

Maximum Fine:

$5,000

Charge:

Simple Possession – Second or Subsequent Offense

Grade:

Misdemeanor

Maximum Prison:

Three Years

Maximum Fine:

$25,000

Charge:

Possession of Drug Paraphernalia

Grade:

Misdemeanor

Maximum Prison:

One Year

Maximum Fine:

$2,500

Know Your Rights

As you can see, even the most minor prescription drug laws related charge can put your future in jeopardy. But remember: being accused of a crime is not the same as being convicted. You have options. Get The Science Attorneys on your side. You can get The McShane Firm.