Drug Possession in PA

At The Martin Law Firm, our experienced drug possession lawyers have been representing individuals for drug possession charges in and around Montgomery County, PA, for over 10 years. We are committed to resolving our clients’ possession charges on the most favorable terms possible in the Montgomery County courts.


Drug Possession Laws in PA

The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. §§ 780-010 – 780-144) defines prohibited possession of controlled substances and penalties for committing a drug offense in PA.

Under PA law, 35 P.S. § 780-113(a)(16) defines possession of a controlled substance as “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, or except as otherwise authorized by this act.”

You can be charged with drug possession in Montgomery County, PA, if you are in possession of a drug or other illegal substance classified under any of the PA Drug Schedules. Drug possession charges usually apply if you are found carrying marijuana, cocaine, methamphetamine, or other illegal narcotics; however, possession charges are possible for certain legally available drugs (i.e., prescription medications) if you possess them without a proper prescription.


What is Required to Convict Someone of Drug Possession in Montgomery County, PA?

In Montgomery County, PA, in order to obtain a conviction for drug possession, the prosecution must prove beyond a reasonable doubt that:

  • The defendant knowingly and intentionally possessed a controlled substance (without a proper prescription);
  • The defendant had knowledge that the drug was an illegal controlled substance; and
  • The defendant had actual or constructive possession of the drug

If the prosecution is unable to prove any of these elements beyond a reasonable doubt, the defendant’s charges may be reduced or dismissed.


Probation Without Verdict and Expungement Option for First-Time Offenders

Section 17 of The Controlled Substance, Drug, Device and Cosmetic Act allows for certain first-time offenders of nonviolent drug possession offenses in PA to undergo a period of probation and have their charges legally dismissed. Visit our Section 17 Probation page to learn more.


Contact our Drug Possession Lawyers in Montgomery County, PA

If you have been charged with possession of a controlled substance in or near Montgomery County, PA, the experienced drug possession lawyers at The Martin Law Firm are here to help. Our drug possession lawyers will carefully examine the details of your case and try to find potential defenses or mitigating circumstances that may be available to you.

Contact the experienced Montgomery County, PA drug possession lawyers at The Martin Law Firm at 215-646-3980 for a free case evaluation.