Butler Drug Lawyer

Drug offenses are serious crimes, and the punishment for a conviction can have long-term ramifications. The type of drug that is possessed and the quantity can greatly impact any potential charges and sentence by the court. Because of the potential harsh punishment, contacting an experienced Butler drug lawyer is important to assist with your case.

The skilled criminal defense attorneys at Benjamin Levine Law understand that life can change quickly if you are charged with a drug offense. But charges are not convictions, and you have options. Talking with our dedicated lawyers could make all the difference in your case.

What is Possession of a Controlled Substance?

Under 28 Pennsylvania Code § 25.72, controlled substances are classified under five schedules.

Schedule I

Schedule I substances have a high potential for abuse and no accepted medical use at the federal level. These include heroin, MDMA (Ecstasy), LSD, and peyote. Marijuana is also classified as a Schedule I substance under federal law, but Pennsylvania has legalized its use for medical purposes with a valid medical card. However, recreational use remains illegal in the state.

Schedule II

Schedule II substances have a high potential for abuse but are recognized for limited medical use under strict regulations. These include cocaine, fentanyl, methadone, oxycodone, morphine, and methamphetamine.

Schedule III

Schedule III substances have a lower potential for abuse compared to Schedule I and II drugs and have accepted medical uses. Examples include ketamine, anabolic steroids, and medications containing less than 90 milligrams of codeine per dose.

Schedule IV

Schedule IV substances have a lower potential for abuse and dependence and are commonly used in medical treatment. Common examples include prescription medications such as diazepam (Valium), lorazepam (Ativan), and tramadol.

Schedule V

Schedule V substances have the lowest potential for abuse and are widely used in medical treatments. These include cough syrups with limited amounts of codeine (no more than 200 milligrams per 100 milliliters), pregabalin (Lyrica), and diphenoxylate/atropine (Lomotil).

If you are facing drug possession charges in Butler County, including marijuana-related offenses, an experienced drug defense attorney can help you understand Pennsylvania’s specific laws and your legal options.

Potential Punishments for Possession of a Controlled Substance

In Pennsylvania, possession of a controlled substance without a valid prescription is a criminal offense, and penalties vary based on the type of substance and whether the defendant has prior convictions.

First-Time Offense (Any Schedule I, II, or III Substance)

  • Misdemeanor charge
  • Up to 1 year in jail
  • Fine of up to $5,000
  • Potential probation and mandatory drug treatment

Subsequent Offenses

  • Misdemeanor charge
  • Up to 3 years in jail
  • Fine of up to $25,000

Marijuana Possession

  • Possession of 30 grams (just over an ounce) or less is a misdemeanor punishable by up to 30 days in jail and a $500 fine
  • Possession of more than 30 grams carries a 1-year jail sentence and a $5,000 fine
  • Medical marijuana is legal in Pennsylvania for qualified patients with a valid medical card

A conviction for drug possession can have serious consequences, including a permanent criminal record. If you are facing drug possession charges, a Butler County drug defense attorney can help you understand your legal options and potential defenses.

Possession with Intent to Deliver

In Pennsylvania, drug-related offenses are taken extremely seriously, and Possession with Intent to Deliver (PWID) is one of the most severe charges a person can face. Unlike simple possession, which is typically charged as a misdemeanor, PWID is a felony offense that carries harsh penalties, including significant prison time, heavy fines, and a permanent criminal record.

What Is PWID?

Under 35 P.S. § 780-113(a)(30), a person may be charged with Possession with Intent to Deliver if they are found with a controlled substance in a quantity or under circumstances suggesting distribution, sale, or trafficking. The prosecution does not need to catch someone in the act of selling drugs—intent can be inferred based on factors such as:

  • Large quantities of a controlled substance
  • Packaging consistent with drug sales (e.g., multiple small baggies)
  • Possession of digital scales, cash, or transaction records
  • Observed drug transactions or surveillance evidence

Penalties for PWID

PWID charges are felony offenses, and the penalties depend on the type and quantity of drugs involved:

  • Marijuana: Felony for more than 1 lb. or 30 plants (up to 5 years in prison, $15,000 fine)
  • Cocaine, Heroin, Methamphetamine, or Fentanyl: Penalties increase significantly with quantity, often resulting in mandatory minimum sentences
  • Prescription Drugs (e.g., Oxycodone, Xanax): Felony charges if distributed without a valid prescription

Sentences increase for repeat offenses, sales near schools or playgrounds, and distribution involving minors.

Defending Against PWID Charges

A strong defense can mean the difference between a conviction and a case dismissal. Common legal defenses include:

  • Illegal Search & Seizure – If law enforcement violated your Fourth Amendment rights, evidence may be suppressed.
  • Lack of Intent – If the drugs were for personal use rather than sale, the charges could be reduced to simple possession.
  • Entrapment – If undercover officers induced the crime, it could be a valid defense.
  • Insufficient Evidence – The prosecution must prove intent beyond a reasonable doubt—weak evidence can lead to case dismissal.

Why You Need a Defense Attorney

Pennsylvania prosecutors pursue PWID charges aggressively, and convictions can result in life-changing consequences. A skilled Butler County drug defense attorney can challenge the prosecution’s case, negotiate for reduced charges, and fight to protect your future.

If you or a loved one is facing PWID charges, don’t wait—contact Benjamin Levine Law today for a confidential consultation.

Contact a Butler Drug Lawyer Today

The potential maximum penalties for possession of controlled substance charges can vary depending on the type and amount of drug you possess and your prior criminal history. Contact a Butler drug lawyer who handles possession of controlled substance charges and does not delay building a solid defense.

Benjamin Levine Law has extensive experience defending cases of possession of controlled substances. Use our knowledge and professionalism to your advantage and explore your options. Call today for more information and to schedule a consultation.