How the Drug Schedule Affects Potential Sentencing in PennsylvaniaLike many other states, Pennsylvania has its own drug schedule that classifies substances into categories similar to the Drug Enforcement Administration schedules. Our criminal defense lawyers at Gross McGinley, LLP, serve clients in Pennsylvania and are well-versed in how drug schedules can affect penalties and sentencing. Here, we explain how controlled substances are classified and the repercussions you may face if convicted of a drug crime.Understanding the Controlled Substance Schedule in PennsylvaniaLike the federal government, Pennsylvania classifies drugs into five schedules. These categories are based on the drug’s acceptable medical use and its potential for dependency or abuse. The schedule in which a drug is classified can impact whether someone will face misdemeanor or felony charges. Each substance carries specific penalties and sentencing guidelines for drug possession and distribution convictions.Drug Schedules in Pennsylvania Schedule I drugs are considered to have the highest potential for abuse and usually have no accepted medical usage. Some well-known controlled substances in this category include heroin, ecstasy, LSD, marijuana, and synthetic fentanyl-related substances. Schedule II drugs include cocaine, methamphetamine, fentanyl, Vicodin, and OxyContin. Schedule III drugs include anabolic steroids, ketamine, and Tylenol with codeine. Schedule IV drugs include Ambien, Valium, Xanax, Ativan, and other benzodiazepines. Schedule V includes Lyrica, Robitussin AC, and Lomotil.This is by no means a comprehensive list of substances included in the DEA and Pennsylvania drug schedules. It’s also important to note that a specific substance doesn’t have to be listed in the drug schedules for someone to be charged with a crime. If you’re caught with a drug that isn’t listed but is pharmacologically or structurally similar to another that’s on the list, you may be prosecuted. Your criminal defense attorney can explain which drug schedule applies and advise you of potential penalties and sentencing guidelines.Levels of Drug Charges in PennsylvaniaBecause Schedule I substances are considered the most dangerous and addictive, penalties for drug possession and distribution tend to be harsher. A first offense involving simple possession of a Schedule I drug usually is charged as a misdemeanor and can result in up to one year in jail, a $5,000 fine, and a six-month driver’s license suspension.Possession with intent to deliver (PWID) usually is classified as a felony for substances included in Schedules I, II, III, and IV. Possession with intent to deliver a Schedule V drug is charged as a misdemeanor in Pennsylvania. It can include the manufacturing, cultivating, distribution, sale, or trafficking of drugs. Of course, charges and penalties vary based on the specific circumstances. An experienced drug crime lawyer can help you understand the drug possession charges you’re facing and advise you of potential defenses and possible outcomes for your case.Penalties and SentencingUnless it is a Schedule V substance, possession with intent to deliver usually is charged as a felony in Pennsylvania and comes with stringent penalties. Although there are sentencing guidelines for drug crimes in Pennsylvania, mandatory minimum sentences are no longer valid, as most were declared unconstitutional by the Pennsylvania Supreme Court in 2015. This means sentencing for drug crimes is left to the discretion of a judge.Some factors a judge may consider when determining sentencing include: The type of drugs involved The amount of drugs The circumstances of the crime Whether the defendant committed other crimes at the same time Whether anyone was injured or killed during the course of the crime Previous convictions for other crimes Whether the crime was committed in the presence of minor children or a school zone Whether the crime occurred across state lines or internationallyIt’s important to understand that felony charges also may be prosecuted on the federal level, which can result in minimum mandatory sentencing. If you’re facing federal drug charges, it’s vital to hire a drug crime attorney with experience in representing clients in federal criminal cases.Sentencing for Possessing or Distributing MarijuanaAlthough marijuana has been approved for medicinal use in Pennsylvania and there is potential federal legislation to reclassify marijuana as a Schedule III drug, it remains classified as a Schedule I drug under both federal and state law. However, penalties for smoking or possessing up to 30 grams of marijuana have been reduced to civil violations in cities like Philadelphia, Pittsburgh, and some other districts in Pennsylvania. This means these violations result in a minor fine and don’t appear on your criminal record.However, in many other areas of Pennsylvania, you can still face misdemeanor charges for possession of 30 grams or less, and face penalties of up to 30 days in jail and a $500 fine. If you have more than 30 grams of marijuana, you may be charged with possession with intent to deliver. A felony PWID conviction for any drug can result in significant prison time and hefty fines, especially if someone is a repeat offender. If you’re facing simple drug possession or PWID charges, having a seasoned criminal defense attorney in your corner can give you the best chance of having drug crime charges reduced or dismissed, or obtaining a not-guilty verdict at trial.Contact a Criminal Defense Attorney in PennsylvaniaAt Gross McGinley, LLP, we understand that being charged with a drug crime can turn your life upside down. We offer compassionate legal representation without judgment. Our criminal defense lawyers have built a solid reputation in the local legal community based on integrity and respect. In addition to handling criminal defense, we offer legal representation in areas such as litigation, family law, estate planning, and more. Call us at 610-820-5450 or contact us to schedule a consultation with a defense attorney in Pennsylvania.