Pennsylvania Drug Laws: Penalties, Charges & Treatment Options

Pennsylvania criminalizes drug possession under 35 P.S. § 780-113(a)(16), which prohibits knowingly or intentionally possessing a controlled or counterfeit substance without a valid prescription or registration. Penalties vary based on whether it is a first or subsequent offense. The statute treats simple possession as an ungraded misdemeanor, distinct from the more serious offense of Possession with Intent to Deliver (PWID) under 35 P.S. § 780-113(a)(30). Separate, lesser penalties apply for possession of a small amount of marijuana (30 grams or less) under 35 P.S. § 780-113(a)(31). All drug convictions in Pennsylvania carry a mandatory driver’s license suspension under 75 Pa.C.S. § 1532(c).

Ungraded misdemeanor: up to 1 year imprisonment and/or up to $5,000 fine (35 P.S. § 780-113(a)(16))

Ungraded misdemeanor: up to 3 years imprisonment and/or up to $25,000 fine (35 P.S. § 780-113(a)(16))

Possession of 30 grams or less of marijuana or 8 grams or less of hashish: up to 30 days imprisonment and/or up to $500 fine (35 P.S. § 780-113(a)(31))

Possession of drug paraphernalia: up to 1 year imprisonment and/or up to $2,500 fine (35 P.S. § 780-113(a)(32))

Any conviction under the Controlled Substance Act triggers a 6-month driver’s license suspension under 75 Pa.C.S. § 1532(c).

Pennsylvania’s DUI laws are codified at 75 Pa.C.S. § 3802 and use a three-tier system based on Blood Alcohol Content (BAC). Penalties increase with higher BAC levels and prior offenses. Under 75 Pa.C.S. § 3802(d), it is also illegal to drive with any amount of a Schedule I, II, or III controlled substance (or its metabolite) in the driver’s blood, which is treated as the highest-tier offense. Penalties are set forth in 75 Pa.C.S. § 3803 and 75 Pa.C.S. § 3804.

• Tier 1 – General Impairment
  First Offense: Ungraded misdemeanor; up to 6 months probation; $300 fine; no license suspension
  Second Offense: Ungraded misdemeanor; 5 days to 6 months imprisonment; $300–$2,500 fine; 12-month license suspension
  Third Offense: Misdemeanor of the second degree; 10 days to 2 years imprisonment; $500–$5,000 fine; 12-month license suspension
• Tier 2 – High BAC
  First Offense: Ungraded misdemeanor; 48 hours to 6 months imprisonment; $500–$5,000 fine; 12-month license suspension
  Second Offense: Misdemeanor of the first degree; 30 days to 6 months imprisonment; $750–$5,000 fine; 12-month license suspension
  Third Offense: Misdemeanor of the first degree; 90 days to 5 years imprisonment; $1,500–$10,000 fine; 18-month license suspension
• Tier 3 – Highest BAC / Controlled Substances
  First Offense: Ungraded misdemeanor; 72 hours to 6 months imprisonment; $1,000–$5,000 fine; 12-month license suspension
  Second Offense: Misdemeanor of the first degree; 90 days to 5 years imprisonment; $1,500–$10,000 fine; 18-month license suspension
  Third Offense: Misdemeanor of the first degree; 1 year to 5 years imprisonment; $2,500–$10,000 fine; 18-month license suspension

A fourth or subsequent DUI offense within 10 years is graded as a felony of the third degree under 75 Pa.C.S. § 3803(b)(4), punishable by up to 7 years imprisonment and a $15,000 fine.

Pennsylvania requires ignition interlock devices for repeat DUI offenders and first-time offenders with a BAC of 0.10% or higher, under 75 Pa.C.S. § 3805.

Under 75 Pa.C.S. § 1547, drivers are deemed to have given consent to chemical testing. Refusal to submit to testing results in a 12-month license suspension for a first refusal and 18 months for subsequent refusals.

Act 139 of 2014 significantly expanded naloxone access in Pennsylvania. The Pennsylvania Department of Health issued a statewide standing order allowing pharmacists to dispense naloxone without an individual prescription to anyone at risk of an opioid overdose or to family members, friends, or others in a position to assist someone at risk.

All certified EMS providers (including non-paramedic EMTs), law enforcement officers, and any layperson who has obtained naloxone through the standing order or a prescription may administer naloxone.

Act 139 provides criminal, civil, and professional immunity to anyone who, in good faith, administers naloxone to an individual experiencing or believed to be experiencing an opioid overdose.

Naloxone is available at Pennsylvania pharmacies without an individual prescription under the Department of Health’s standing order. Many county agencies, recovery organizations, and health departments also distribute naloxone kits free of charge.

35 P.S. § 780-113.7 (as added by Act 139 of 2014)

Pennsylvania operates drug court programs in numerous counties across the state. These specialty courts provide an alternative to traditional criminal prosecution for eligible defendants with substance use disorders. Drug courts use a collaborative, team-based approach involving the judge, prosecutors, defense attorneys, probation officers, and treatment providers.

Drug court programs are highly structured and typically last 12 to 18 months. Participants are subject to frequent drug testing, mandatory treatment attendance, regular court appearances, and compliance with individualized case plans. The programs provide both incentives for compliance and graduated sanctions for non-compliance.

Eligibility varies by county but generally includes nonviolent offenders with a demonstrated substance use disorder. Individuals charged with drug delivery, PWID in certain circumstances, or violent offenses are often excluded.

Successful completion of drug court typically results in dismissal or reduction of charges. Failure to complete the program may result in the participant being returned to standard criminal proceedings and sentencing.

Pennsylvania drug courts operate under the authority of the Pennsylvania Supreme Court and the Administrative Office of Pennsylvania Courts, guided by 42 Pa.C.S. § 916 and local court rules.

Pennsylvania’s drug-related mandatory minimum sentences underwent a seismic shift following the U.S. Supreme Court’s 2013 decision in Alleyne v. United States (570 U.S. 99), which held that any fact that increases a mandatory minimum sentence is an element of the crime that must be submitted to a jury and proven beyond a reasonable doubt.

In Commonwealth v. Hopkins (2014), the Pennsylvania Supreme Court applied Alleyne to strike down 18 Pa.C.S. § 7508 (the drug mandatory minimum sentencing statute) as unconstitutional because it allowed judges, rather than juries, to find the facts (such as drug weight) that triggered mandatory minimums. This rendered the vast majority of Pennsylvania’s drug mandatory minimum sentences unenforceable.

Certain mandatory minimums survived the Alleyne/Hopkins rulings, specifically those triggered by a defendant’s prior criminal record (since prior convictions are exempt from the Alleyne jury-finding requirement under Almendarez-Torres v. United States). Examples include DUI mandatory minimums for repeat offenders and the three-strikes law.

As of 2026, drug sentencing in Pennsylvania is primarily governed by the Pennsylvania Sentencing Guidelines, which use Offense Gravity Scores (OGS) and Prior Record Scores (PRS) to calculate recommended sentencing ranges. The Pennsylvania Commission on Sentencing publishes and updates these guidelines. Weight-based mandatory minimums for drug offenses remain unenforceable.

The Pennsylvania legislature has considered proposals to reinstate constitutional mandatory minimums for drug trafficking (requiring jury findings on drug quantity), but as of 2026, no such legislation has been enacted. Proposed bills like Tyler’s Law (targeting fentanyl distribution resulting in death) continue to be discussed.

Name: Accelerated Rehabilitative Disposition (ARD)

Description: ARD is a pre-trial diversion program available in every Pennsylvania county, created by Pennsylvania Rules of Criminal Procedure (Pa.R.Crim.P. 310–320). It is designed for first-time, nonviolent offenders and is commonly used for drug possession and DUI cases. Upon acceptance into ARD, the defendant’s case is diverted from the normal criminal process.

Requirements: Participants typically serve 6 months to 2 years of probation, complete community service, attend drug or alcohol treatment programs, pay fines and court costs, and comply with any other conditions set by the court.

Outcome: Successful completion of ARD results in dismissal of all charges. After completion, the defendant may petition to have the arrest record expunged.

Eligibility: Generally limited to first-time offenders charged with nonviolent offenses. The district attorney has sole discretion to offer ARD. Individuals with prior ARD participation or prior criminal convictions are typically ineligible.

Name: Section 17 Probation Without Verdict

Description: Section 17 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-117) provides a mechanism for first-time drug offenders to avoid a permanent criminal conviction. Under this program, a court may, without entering a judgment of conviction, place the defendant on probation for a period not to exceed the maximum term of imprisonment authorized for the offense.

Requirements: Defendants must plead guilty or nolo contendere and comply with probation conditions, which may include drug treatment, random drug testing, community service, and reporting to a probation officer.

Outcome: Upon successful completion of probation, the charges are dismissed and the defendant may apply for expungement of the arrest record.

Eligibility: Available to individuals charged with possession of a controlled substance (35 P.S. § 780-113(a)(16)) or possession of drug paraphernalia (35 P.S. § 780-113(a)(32)). Not available for PWID or distribution charges. The defendant must not have a prior drug conviction or prior Section 17 disposition.

As described in the drug_courts section, drug treatment courts provide an intensive, supervised treatment alternative for eligible offenders with substance use disorders.

2023–2024: Pennsylvania legislators introduced multiple bills to strengthen fentanyl-related penalties, including proposed legislation (HB 384) to increase maximum sentences for manufacturing or selling fentanyl to 20 years imprisonment and $500,000 in fines (up from 15 years and $250,000). Tyler’s Law (SB 235) was also reintroduced to create enhanced penalties for drug delivery resulting in death involving fentanyl.

2024–2025: Efforts to expand Good Samaritan immunity protections were advanced through proposed legislation (HB 2527) that would broaden the scope of Act 139’s immunity provisions to cover additional offenses beyond simple possession.

2025–2026: Governor Josh Shapiro continued to include recreational marijuana legalization in his budget proposals. Bipartisan discussions on cannabis reform continued in the legislature, but no recreational legalization bill was enacted as of early 2026. The medical marijuana program continued to expand, with additional dispensaries and qualifying conditions added.

2024–2026: The Pennsylvania Sentencing Commission continued to update Offense Gravity Scores and sentencing guidelines for drug offenses in response to the ongoing fentanyl crisis. Discussions about restoring constitutionally compliant mandatory minimums for drug trafficking (with jury-found facts) remained active but unresolved.