Possession

Possession of a Controlled Substance, 35 P.S. 780-113(a)(16):

Elements:

• 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

Penalties:

• First Offense Maximum of 1 year incarceration and $5000 fine.
• Second Offense Maximum of 3 years incarceration and $25,000 fine.
• Loss of drivers' license for 6 months

If a person is knowingly in possession of a controlled substance or drug, he is guilty of the charge of Possession. Possession of a Controlled Substance, as long as it is not possessed with the intent to sell or deliver, is always graded as a misdemeanor.  The controlled substance can be marijuana, pills, cocaine, heroin, etc.