Drug charges can have serious consequences. Even a simple possession case can mean fines, probation, or jail, while Possession With Intent to Deliver (PWID) carries the risk of much longer prison terms. At Worgul, Sarna & Ness, our Butler criminal defense team knows how these cases are handled in Pennsylvania and can guide you through your options.
Call 878-888-0311 today for a free, confidential consultation.
Drug Charges in Butler County, Pennsylvania
Drug cases in Butler County are prosecuted under Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act. In plain terms, the law bans possessing controlled substances without a valid prescription, possessing drug paraphernalia, and manufacturing, delivering, or possessing drugs with intent to deliver (PWID). The specific charge and penalty depend on the substance, the amount, and your history.
Common Offenses Under Pennsylvania Law
Simple Possession (35 P.S. § 780-113(a)(16))
Having a controlled substance without a valid prescription—for example, pills not prescribed to you, cocaine, heroin, methamphetamine, or other listed drugs. A first conviction is typically a misdemeanor with maximum penalties of up to 1 year in jail and $5,000 in fines. Repeat convictions can carry higher maximums.
Possession of a Small Amount of Marijuana (35 P.S. § 780-113(a)(31))
Less than 30 grams of marijuana or 8 grams of hashish, for personal use, sharing (without sale), or distribution without payment. It’s still a crime in Pennsylvania and is punishable by up to 30 days in jail and a $500 fine.
Drug Paraphernalia (35 P.S. § 780-113(a)(32))
Items intended for planting, preparing, storing, ingesting, or injecting controlled substances (for example, pipes, baggies with residue, scales). It’s an ungraded misdemeanor, with penalties up to 1 year and $2,500 in fines.
PWID / Delivery / Manufacture (35 P.S. § 780-113(a)(30))
Manufacturing, delivering, or possessing with intent to deliver a controlled substance. This is charged as a felony, and maximum penalties vary by the drug’s schedule (for example, up to 15 years and substantial fines for certain Schedule I/II narcotics). Weight, the presence of firearms, and prior records can increase exposure.
Pennsylvania’s statute sets maximums; sentencing in any one case depends on many factors (including offense gravity, prior record, and the facts). The right defense strategy can significantly impact the outcome of your case.
Drug Penalties & Consequences
Simple Possession (Cocaine, Heroin, Pills Without a Prescription)
- Typical PA Statute: 35 P.S. § 780-113(a)(16)
- Grade (Common): Misdemeanor
- Maximum Penalties (Statutory): Up to 1 year in jail and $5,000 in fines (with higher exposure for prior convictions)
- You Should Know: Diversion or treatment-focused resolutions may be available depending on history and facts.
Small Amount of Marijuana (<30g; No Sale)
- Typical PA Statute: 35 P.S. § 780-113(a)(31)
- Grade (Common): Misdemeanor
- Maximum Penalties (Statutory): Up to 30 days in jail and $500 in fines
- You Should Know: Even though Pennsylvania has medical marijuana laws, possessing non-medical marijuana can still result in criminal charges.
Paraphernalia (Pipes, Scales, Baggies)
- Typical PA Statute: 35 P.S. § 780-113(a)(32)
- Grade (Common): Misdemeanor
- Maximum Penalties (Statutory): Up to 1 year in jail and $2,500 in fines
- You Should Know: This charge may be filed alone or alongside other counts. Even “residue” on paraphernalia can lead to prosecution.
Possession With Intent to Deliver (PWID) / Delivery
- Typical PA Statute: 35 P.S. § 780-113(a)(30)
- Grade (Common): Felony
- Maximum Penalties (Statutory): Penalties vary by drug schedule and weight; for certain narcotics, sentences can reach up to 15 years and include major fines
- You Should Know: Key factors include drug quantity, lab results, the presence of firearms, and whether controlled buys were involved.
Unsure where your case falls or how severe the potential penalties could be? Our team will break it down and create a plan tailored to your defense.
Sentencing Alternatives & Diversion
A defense attorney can negotiate for sentencing alternatives. Worgul, Sarna, & Ness can assess your situation and eligibility, explain each program’s requirements, and pursue the option best aligned with your goals. Because these programs are case-specific and not automatic, early legal guidance is important.
Accelerated Rehabilitative Disposition (ARD)
A pretrial diversion for some first-time, non-violent cases. If you complete court-ordered conditions (probation, treatment, costs), charges may be dismissed and later expunged; admission is discretionary.
Probation Without Verdict (PWOV)
Available in limited drug cases for eligible first-time offenders who plead and document dependency. Successful probation leads to dismissal without a conviction; this option is generally one-time.
Drug Treatment Court
A structured program focused on treatment, close supervision, testing, and regular court reviews. Graduates may receive reduced penalties or case outcomes based on progress and compliance.
Veterans Treatment Court
Designed for eligible veterans with service-related substance use or mental health needs. Combines treatment, mentorship, and judicial oversight; successful completion can improve sentencing outcomes.
Behavioral Health Court
Targets cases tied to mental health conditions. Connects participants with services and supervision, with potential for reduced charges or alternative sentencing upon completion.
Steps of the Legal Process for Drugs Cases
Every case is different, but most drug cases in Butler County follow the same path:
- Investigation & Arrest: This could involve a traffic stop, a search warrant, or a controlled buy. If detectives contact you, you do not have to answer questions without a lawyer.
- Preliminary Arraignment & Bail (Magisterial District Judge): Your first appearance is in front of a Magisterial District Judge (MDJ). For Cranberry Township cases, that’s MDJ 50-3-04, 9028. You’ll hear the charges, conditions of release, and bail is addressed.
- Preliminary Hearing (MDJ): The Commonwealth must present enough evidence to “hold” the case for Common Pleas. This is a critical chance to test probable cause, cross-examine, and negotiate reductions.
- Formal Arraignment (Court of Common Pleas): Drug felonies and many misdemeanors move to the Butler County Government/Judicial Center, 124 W. Diamond St., Butler, PA. You’ll receive formal notice of charges and deadlines for motions.
- Pre-Trial, Motions & Negotiations: Suppression motions (challenging the stop/search or statements), lab challenges, and negotiations happen here. Depending on eligibility and the DA’s position, some first-time cases may be considered for ARD or Drug Treatment Court. Butler County maintains a Drug Treatment Court focused on treatment and intensive supervision with a set mission and published guidelines.
- Trial or Plea: We’ll discuss the pros and cons of trial vs. resolution based on evidence, defenses, and your goals. (Learn how plea negotiations work in Pennsylvania.)
- Sentencing & Post-Sentence: Sentencing depends on the offense, your prior record, and the facts. We prepare mitigation and treatment plans and pursue appeals or expungement relief where appropriate.
Have a hearing coming up in Butler? Speak with a Butler County drug lawyer today to explore all of your options.
Butler County Courts, Resources & Contacts
Here are local references you may need as your case moves forward:
- Butler County Courts / Court Administration – 124 W. Diamond St., Butler, PA 16001; 724-285-4731.
- Butler County Clerk of Courts (Criminal Records & Dockets) – Government/Judicial Center, 124 W. Diamond St., Butler, PA 16001; 724-284-5233. Mailing: O. Box 1208, Butler, PA 16003.
- Butler County District Attorney – Third Floor, County Government Center, 124 W. Diamond St., Butler, PA 16001; 724-284-5222.
- MDJ 50-3-04 (Cranberry Township & Seven Fields) – 9028 Marshall Rd, Cranberry Township, PA 16066; 724-772-1717.
- Specialty / Drug Treatment Court – Program information, handbook, and referral forms published by Butler County Courts.
Our Approach to Drug Cases
We don’t treat drug cases as “one-size-fits-all.” We build your defense from the ground up:
Stop & Search Challenges
We analyze the basis for the stop, the warrant or consent, and whether law enforcement exceeded lawful scope. If evidence was seized unlawfully, we move to suppress it.
Probable Cause at the MDJ Stage
Your preliminary hearing is an early chance to attack weak links in the Commonwealth’s proof, target over-charging (e.g., possession with intent to distribute vs. possession), and negotiate reductions.
Constructive vs. Actual Possession
In shared homes or vehicles, the Commonwealth must prove you knew of the drugs and had control. We leverage inconsistencies, ownership issues, and location details.
Lab Testing & Chain of Custody
Contamination, breakage, mislabeling, and measurement errors happen. We scrutinize lab notes, storage, and handling.
Confidential Informants & Controlled Buys
We challenge reliability, disclosure, and corroboration.
Paraphernalia & “Residue” Counts
We attack intent to use and the evidentiary value of trace amounts.
Mitigation & Resolution Paths
For eligible clients, we pursue ARD, treatment-focused outcomes, or Butler County Drug Treatment Court—aimed at rehabilitation and reduced long-term harm.
Collateral Consequences Counseling
Employment, licensing, immigration, and student aid all matter. We plan ahead to protect what’s next.
Why Choose Worgul, Sarna & Ness for Your Butler County Drug Case
- Trial-Ready Approach: If your case should go to trial, we’re prepared. Our firm believes clients should never feel pressured to plead when trial is in their best interest.
- Pennsylvania Criminal Defense Focus: Our site houses extensive guidance on the PA criminal process—bail, plea negotiations, probation—which we’ll leverage in your case.
- Local Insight: We know how Butler County MDJ courts and Common Pleas operate and what prosecutors consider at each stage.
- Clear Communication & Fast Action: You’ll talk with a lawyer, get timelines you can trust, and know the plan for your hearing dates.
- Convenience: Phone and virtual consultations are available. Flexible payment options are available where appropriate.
Areas We Serve in Butler County
We represent people throughout Butler County, including:
- Cranberry Township
- Butler Township
- Adams Township
- Buffalo Township
- Seven Fields
- Slippery Rock
- Callery
- Evans City
- Harmony
- Mars
- Valencia
- Saxonburg
- Center Township
- Connoquenessing Township
and nearby communities. If your town isn’t listed, give us a call. Chances are we can help.
Frequently Asked Questions About Drug Charges in Butler County
What penalties am I facing for a first drug possession in Butler County?
For simple possession under 35 P.S. § 780-113(a)(16), the statutory maximum is up to 1 year and $5,000 for a first conviction (higher maximums with priors). Real outcomes vary based on substance, facts, and your record. We’ll evaluate eligibility for diversion or treatment-focused resolutions.
What’s the difference between possession and PWID?
“Possession” means having the drug (actual or constructive). PWID alleges intent to distribute—prosecutors look at weight, packaging, scales, cash, and texts. PWID is a felony and carries much higher maximums (up to 15 years for certain narcotics), so challenging intent and the search is crucial.
Is marijuana legal in Butler County?
Pennsylvania has a medical marijuana program, but recreational possession is still a crime at the state level. “Small amount” marijuana cases (under 30 g) are misdemeanors with max 30 days and $500 fine, but local practice varies. Always talk to a lawyer before making assumptions.
Can I get ARD or Drug Treatment Court for a first offense?
Eligibility is case-by-case and controlled by the Butler County District Attorney and court. Butler County runs a Drug Treatment Court designed to reduce recidivism through treatment and supervision; rules and referral forms are public. We’ll assess your case and advocate for the best path.
Do I have to speak with detectives if they call me?
No. You can—and should—assert your right to remain silent and to counsel. We routinely step in to handle communications and protect your rights from the start. (See our guide on asserting your rights.)
Talk to a Butler County Drug Lawyer Today
Drug charges in Butler County move quickly, and early decisions can shape the outcome. Don’t go to your MDJ hearing or Common Pleas arraignment without a plan. Call Worgul, Sarna & Ness at 878-888-0311 or contact us online for a free, confidential consultation.
