Possession of Schedule I & II Controlled Substances in Pennsylvania

The U.S. Controlled Substances Act breaks down regulated drugs into five schedules based on their potential for addiction and abuse. Drugs that fall into these classifications are known as controlled substances and if you are caught possessing, distributing, selling or manufacturing them, you can be prosecuted under both federal and Pennsylvania laws.

Schedule I drugs are the most dangerous and Schedule V drugs are the least. If your drug arrest involves Schedule I or Schedule II drugs, you have an increased chance of being charged with a felony offense in Pennsylvania. If you are found guilty, you can be sentenced based on Pennsylvania’s sentencing guidelines that apply to all scheduled drugs.

If you or a loved one has been charged with a Schedule I or II drug offense, don’t wait to speak with a skilled Pittsburgh drug defense attorney. The sooner we get involved, the sooner we can begin protecting your rights and building your defense.

Call Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC today at (412) 281-2146 for a free consultation.

Jump to a Section

• What are Schedule 1 Drugs?
• What are Schedule 2 Drugs?
• What are the Penalties for Possession of Schedule 1 & 2 Drugs?
• Schedule I & II Drug Charges in Allegheny County
• Proving Possession of a Controlled Substance
• Selling or Intending to Sell
• Mandatory Minimums for Schedule I & II Possession with Intent to Deliver
• What Pennsylvania Law States
• Steps to Take if You Have Been Charged with Possession
• Frequently Asked Questions
• Contact Us

What Are Schedule I Drugs?

Schedule I drugs are classified as the most likely to cause potentially severe physical or psychological dependence. They have the highest potential to be abused and no legitimate medical use in the U.S. Schedule 1 drugs include:

• Heroin
• Marijuana
• LSD
• MDMA
• Peyote

What Are Schedule II Drugs?

Schedule II drugs also have a high potential for abuse, although less than Schedule I drugs, and they can cause physical or psychological dependence. Schedule II drugs do have medical use in the U.S. and are available by prescription. Schedule II drugs include:

• OxyContin
• Methamphetamine
• Methadone
• Percocet
• Cocaine
• Demerol
• Fentanyl
• Ritalin
• Adderall

What are the Penalties for Possession of Schedule I & II Drugs in Pennsylvania?

Under 35 P.S. § 780-113(a)(16), for the first offense of possession of an illegal substance, you can face up to a year in jail and/or a fine up to $5,000.

With any Schedule I or II-related conviction, your driver’s license will be suspended for six months for a first offense, one year for a second offense, and two years for a third offense.

You will likely also see an effect on other areas of your life if you’re convicted of a drug crime, like difficulty getting a job, trouble maintaining your current job, loss of custodial rights if you have children and more.

Schedule I & II Drug Charges in Allegheny County

The Allegheny County District Attorney’s Office takes Schedule I and II drug offenses seriously, particularly cases involving fentanyl, heroin, and cocaine. If you are arrested in Pittsburgh or elsewhere in Allegheny County, your case will typically begin at Pittsburgh Municipal Court before moving to the Allegheny County Court of Common Pleas for felony-level charges.

However, Allegheny County does offer alternatives to incarceration for qualifying defendants. The Drug Court diversion program provides structured supervision, substance abuse treatment, and regular court appearances as an alternative to a prison sentence for individuals struggling with addiction. Participants who successfully complete the program may have their charges reduced or dismissed.

For first-time offenders, Pennsylvania’s Accelerated Rehabilitative Disposition (ARD) program may also be available in Allegheny County. ARD allows eligible defendants to complete a probationary period, after which their charges can be dismissed and expunged from their record. Acceptance into ARD in Allegheny County is at the district attorney’s discretion and depends on your criminal history and the specific circumstances of the offense.

If you are facing Schedule I or II drug charges in Allegheny County, our defense team can evaluate whether Drug Court, ARD, or another alternative may be available in your case. Call us at (412) 281-2146 for a free consultation.

Proving Possession of a Controlled Substance

In Pennsylvania, you have possession of a controlled substance when you own or possess it. If the controlled substance is available by prescription, and you are caught with the drug but without a valid prescription for it, you can be charged. For you to be convicted of possessing a controlled substance, prosecutors must prove:

• You knowingly and intentionally had control of an illegal drug.
• You knew the drugs were illegal, you knew the drugs were present, and you intended to use or control them.
• You either had actual or constructive possession of a controlled substance. In other words, you had the drug on your person, such as in your pocket, or in a spot that you had control over, like the trunk of your car or hidden under your bed.

Selling or Intending to Sell a Schedule I or II Drug

If you are caught with a controlled substance in your possession, the courts in Pennsylvania can punish you harshly. But if you are arrested for selling, or intending to sell, those same drugs, the penalties you face will be even more severe.

The penalties for selling Schedule I or II drugs are the harshest of any classification of controlled substances. Under 35 P.S. § 780-113(f), if you are charged with selling or intending to sell a Schedule I or II drug involving a narcotic, you risk being sentenced to as many as 15 years in prison and a fine of up to $250,000.

In Pennsylvania, the judge will use the specific circumstances of your case as part of the equation when he or she determines your sentence. You can receive heavier penalties based on factors such as drug amount, weapons involvement, prior convictions and whether you were arrested near a school.

Mandatory Minimums for Schedule I & II Possession with Intent to Deliver

Pennsylvania law under 18 Pa.C.S. § 7508 originally imposed mandatory minimum prison sentences for possession with intent to deliver (PWID) based on drug type and weight. Pennsylvania courts declared these mandatory minimums unconstitutional following the U.S. Supreme Court’s decision in Alleyne v. United States (2013) and subsequent Pennsylvania rulings in Commonwealth v. Cardwell (2014) and Commonwealth v. DiMatteo (2018). However, the weight-based thresholds still heavily influence sentencing through Pennsylvania’s Offense Gravity Score (OGS) system and remain a key factor in how prosecutors evaluate charges and negotiate plea agreements.

The original statutory thresholds under § 7508—which continue to guide sentencing practice—include:

Cocaine:

• 2 to 10 grams: 1 year minimum / $5,000 fine
• 10 to 100 grams: 3 years minimum / $15,000 fine
• 100+ grams: 4 years minimum / $25,000 fine

Heroin:

• 1 to 5 grams: 2 years minimum / $5,000 fine
• 5 to 50 grams: 3 years minimum / $15,000 fine
• 50+ grams: 5 years minimum / $25,000 fine

Methamphetamine:

• 5 to 10 grams: 3 years minimum / $15,000 fine
• 10 to 100 grams: 4 years minimum / $25,000 fine
• 100+ grams: 5 years minimum / $50,000 fine

Other Schedule I or II Narcotics (including fentanyl):

• 2 to 10 grams: 2 years minimum / $5,000 fine
• 10 to 100 grams: 3 years minimum / $15,000 fine
• 100+ grams: 5 years minimum / $25,000 fine

Even with these mandatory minimums currently unenforceable, drug weight remains a critical factor in sentencing. Higher weights correspond to higher Offense Gravity Scores under Pennsylvania’s sentencing guidelines, which judges use to determine standard, aggravated, and mitigated sentence ranges. Prior drug trafficking convictions and aggravating factors—such as possessing a firearm during the offense or selling near a school—can increase these ranges significantly.

What Pennsylvania Law Says About Drugs

Pennsylvania covers laws pertaining to drugs under the Pennsylvania Code, Title 35. Under the Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113), it is prohibited to knowingly or intentionally possess drugs (or fake drugs) unless you have a prescription. It is also prohibited to manufacture, deliver, or possess with the intent to deliver drugs unless you are licensed to do so. A violation of the former is a misdemeanor while a violation of the latter is a felony.

Steps To Take If You Have Been Charged with Possession of a Controlled Substance

If you have been charged with a drug offense, your first step should be to immediately hire a lawyer.

An experienced drug attorney will have worked with the prosecutors handling your case many times before. They can draw on their relationships and understanding of the local court system to lessen or dismiss your charges.

Don’t talk to the police or prosecutors unless your attorney is with you.

Your lawyer will go over what happened both before and after your arrest. Importantly, he or she will assess whether there was probable cause to charge you with a crime. This includes determining if the drugs really belonged to you.

If you were arrested for a drug crime while you were in your car, a critical aspect of your case will be whether or not the police had probable cause to pull you over and do a search. If there was not probable cause, the evidence obtained by law enforcement can be suppressed.

Frequently Asked Questions About Schedule I & II Drug Charges

Is fentanyl a Schedule I or Schedule II drug?

Fentanyl is classified as a Schedule II controlled substance under both federal and Pennsylvania law. It has accepted medical uses—primarily in pain management and palliative care—but carries an extremely high potential for abuse and addiction. Possessing fentanyl without a valid prescription is a felony in Pennsylvania, and even small quantities can lead to serious charges due to the drug’s potency.

Can you get ARD for a drug charge in Allegheny County?

First-time offenders facing simple drug possession charges in Allegheny County may qualify for Accelerated Rehabilitative Disposition (ARD). ARD is a pre-trial diversion program that allows you to complete a probationary period with conditions such as drug counseling, community service, and regular check-ins. If you successfully complete the program, the charges are dismissed and can be expunged from your record. Eligibility is at the Allegheny County district attorney’s discretion.

What is the difference between possession and possession with intent to deliver?

Simple possession means having a controlled substance for personal use, which is typically charged as a misdemeanor for a first offense. Possession with intent to deliver (PWID) is a felony charge that carries much harsher penalties—up to 15 years in prison and $250,000 in fines for Schedule I or II narcotics. Prosecutors may infer intent to deliver based on factors like drug quantity, packaging, scales, large amounts of cash, or communications suggesting sales activity.

Are mandatory minimums still enforced for drug charges in Pennsylvania?

Pennsylvania’s mandatory minimum drug sentences under 18 Pa.C.S. § 7508 were declared unconstitutional following the U.S. Supreme Court’s 2013 ruling in Alleyne v. United States and subsequent Pennsylvania cases including Commonwealth v. DiMatteo (2018). However, the weight-based thresholds from that statute still influence sentencing through Pennsylvania’s Offense Gravity Score system, and judges use them as a reference when determining sentence ranges.

What should I do if I’m arrested for a Schedule I or II drug in Pittsburgh?

Your first step should be to exercise your right to remain silent and contact an experienced Pittsburgh drug defense attorney immediately. Do not discuss the details of your case with police or prosecutors without your lawyer present. An attorney familiar with the Allegheny County court system can evaluate your options—including diversion programs like Drug Court or ARD—and begin building your defense strategy right away. Call Worgul, Sarna & Ness at (412) 281-2146 for a free consultation.