Criminal Law

Drugs & Controlled Substances

At Keller, Lisgar & Williams, LLP, we understand that facing drug charges—whether for simple possession or possession with intent to deliver—can be overwhelming and life-altering. Pennsylvania’s drug laws are complex, and the consequences of a conviction can include jail time, steep fines, and a lasting criminal record. Our experienced criminal defense attorneys—Robert C. Keller (Partner), Annemarie Ward—provide aggressive, strategic representation tailored to the unique circumstances of each case. Whether you’re accused of possessing a small amount for personal use or facing felony-level distribution charges, we are committed to protecting your rights, challenging the prosecution’s evidence, and pursuing the best possible outcome. With deep knowledge of local courts and a proven track record across Delaware, Philadelphia, Chester, Bucks, and Montgomery Counties, our firm stands ready to defend your future.

Intent to Deliver vs. Simple Possession in Pennsylvania

Experience, dedication, and results that speak for themselves

I. Legal Framework

  • Statutory Authority: Both offenses are governed under 35 P.S. § 780-113 of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act.
  • Classification of Substances: Controlled substances are categorized into Schedules I–V, influencing the severity of charges and penalties.

II. Simple Possession

Definition

  • Possession of a controlled substance for personal use.
  • No evidence of intent to sell, distribute, or deliver.

Common Examples

  • Small amounts of marijuana, cocaine, heroin, prescription drugs without a valid prescription.

Grading & Penalties

  • Misdemeanor offense.
  • Up to 1 year in jail and $5,000 fine for first offense.
  • Enhanced penalties for repeat offenses (e.g., up to 3 years and $25,000 fine).
  • Possible eligibility for diversion programs depending on criminal history and county specific programs

III. Possession with Intent to Deliver (PWID)

Definition

  • Possession of a controlled substance with intent to sell, distribute, or deliver.
  • Intent inferred from quantity, packaging, paraphernalia, or other circumstantial evidence.

Legal Elements

  • Possession of a controlled substance.
  • Circumstantial or direct evidence of intent to distribute.

Grading & Penalties

  • Felony offense.
  • Penalties vary by drug type and quantity:
    • Mandatory minimums for certain drugs (e.g., heroin, fentanyl).
    • Potential for state prison sentences and substantial fines.
    • Potential for diversion programs for certain drugs (e.g. marijuana)

Collateral Consequences

  • Felony conviction impacts:
    • Employment and professional licensing.
    • Immigration status.
    • Housing and public benefits.

IV. Strategic Considerations for Defense

  • Challenging Intent: Argue lack of distribution indicators; advocate for reduction to simple possession.
  • Suppression: Challenging the legality of the how the evidence was obtained.
  • Negotiation: Leverage diversion programs or plea deals for first-time offenders.
  • Evidentiary Review: Scrutinize search and seizure procedures, informant reliability, and lab results.

Get Your Free Consultation Today

Our firm offers a free consultation where we will evaluate your case and answer all of your questions. If you are unable to visit our office, we will even visit you in the hospital or come to your home.

Disclaimer

The information contained herein is dedicated to providing public information regarding Family Law issues in Pennsylvania. None of the information on this site is intended to be formal legal advice, nor the formation of an attorney-client relationship. Please contact our law firm for information regarding your particular case. This website is not intended to solicit clients outside the Commonwealth of Pennsylvania.