Possession of a Controlled Substance, 35 P.S. 780-113(a)(16):
  • Knowingly or intentionally
  • possessing a controlled or counterfeit substance
  • by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board
  • unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner


  • First Offense Maximum of 1 year incarceration and $5000 fine.
  • Second Offense Maximum of 3 years incarceration and $25,000 fine.
  • Loss of drivers’ license for 6 months
If a person is knowingly in possession of a controlled substance or drug, he is guilty of the charge of Possession. Possession of a Controlled Substance, as long as it is not possessed with the intent to sell or deliver, is always graded as a misdemeanor.  The controlled substance can be marijuana, pills, cocaine, heroin, etc.