An arrest for drug possession or distribution in Bucks or Montgomery County can affect your record, employment, and daily life. Our defense attorneys have handled these cases for many years as former prosecutors, and we know how these investigations unfold in local courts. If you are facing a drug charge, we can review what happened, explain the next steps, and help you protect your future.
Drug offenses in Pennsylvania range from first-time possession to complex trafficking involving controlled or prescription drugs. Each charge carries its own challenges, and prosecutors in Bucks and Montgomery County approach them differently based on the type of substance, amount, and a person’s record.
Possession (Simple Possession)
In Pennsylvania, “simple possession” means having a controlled substance for personal use. This can involve small amounts of drugs or any quantity that does not suggest intent to sell.
It can result from a traffic stop, a dorm search, or even being in the same car as someone else. Many people charged with this offense have never been in trouble before, but one mistake or misunderstanding can still trigger a criminal record.
Prosecutors must prove that you knew the substance was there and that it was under your control, what the law calls “constructive possession.” In Bucks and Montgomery County courts, that proof often depends on police reports and field tests that don’t tell the full story. A strong defense challenges how the drugs were found and whether officers had probable cause to search in the first place.
Possession With Intent/Distribution
A charge of possession with intent to deliver (often called PWID) doesn’t require proof that you sold drugs, only that police or prosecutors believe you intended to. That intent is often inferred from details such as the amount of controlled substance found, packaging materials, text messages, or even cash in your possession.
In Bucks County and Montgomery County, those assumptions can easily turn what began as a personal-use drug case into a serious felony drug offense that threatens your record, your job, and your future.
Our criminal defense attorneys at Penglase & Benson Inc., a local Bucks County drug charge law firm, know how quickly those inferences can be challenged. We examine every search and seizure for probable cause, question lab accuracy, and expose circumstantial evidence that doesn’t meet the legal burden of proof.
Trafficking & Large-Scale Offenses
Being accused of drug trafficking or participation in a large-scale operation can upend your life overnight. People in Bucks County and Montgomery County often learn about the accusation only after a raid, a phone seizure, or an unexpected warrant.
Our defense attorneys look at how each piece of the prosecution’s evidence was gathered and whether the search met probable cause standards. What seems like proof to police may collapse once tested under the law.
We coordinate with forensic specialists, challenge warrant affidavits, and negotiate when a plea deal serves your long-term interests better than going to trial. Every case is different: some turn on the controlled substances involved, others on how many people were charged.
For immediate help, schedule a free consultation with our Bucks County drug charge lawyer before your first court appearance.
Prescription Drug Crimes & Doctor Shopping
A charge involving prescription fraud or doctor shopping can be devastating for someone who has never been in trouble before. In Pennsylvania, prescription-related offenses can range from misdemeanors to felonies. Doctor shopping is typically a misdemeanor, while forged prescriptions or large-scale acquisition offenses can be charged as felony drug crimes.
Our criminal defense attorneys review the full medical context, including legitimate prescriptions and treatment history, to separate misunderstanding from intent.
Early intervention can prevent an arrest from turning into a criminal conviction, protect a professional license, and keep a criminal record clear through programs such as Drug Court or Accelerated Rehabilitative Disposition (ARD).
Our defense attorneys know when to negotiate a treatment-based resolution and when to challenge the evidence directly. If you are being investigated for prescription-related drug charges in Bucks County or Montgomery County, contact our criminal defense law firm for a free consultation before speaking with investigators.
Paraphernalia & Minor Drug Offenses
Under Pennsylvania law, any item connected to a controlled substance can be treated as drug paraphernalia, and even a small amount of marijuana or residue can lead to criminal charges. Most people facing these allegations have never been arrested before.
Our criminal defense attorneys review how the item was found, whether police had probable cause for the search, and whether evidence was tested or interpreted correctly. What appears straightforward to law enforcement may fall apart when examined closely in court.
As a local criminal defense law firm, Penglase & Benson Inc. focuses on limiting the long-term impact of these drug cases. For many first offenses, entry into Drug Court or ARD can prevent a criminal conviction and keep your criminal record clear. We negotiate to reduce penalties, avoid jail time, and protect employment or academic standing whenever possible. If you or a loved one is facing drug charges involving paraphernalia or personal-use possession, contact our Doylestown drug charge lawyers for a free consultation before your first court appearance.
The penalties for drug charges in Pennsylvania depend on the type of substance, how it’s classified under State law, and whether prosecutors believe you intended to sell or distribute it. The tables below explain how Pennsylvania divides drugs into “schedules” and how those classifications affect potential sentences.
I
Heroin, LSD, psilocybin, marijuana (State law)
Marijuana is listed as Schedule I under Pennsylvania law, although the Commonwealth permits medical marijuana use under the Medical Marijuana Act.
II
Cocaine, methamphetamine, fentanyl, oxycodone, Adderal
Medical use but high abuse potential; long sentences for PWID
III
Steroids, ketamine, Suboxone
Moderate risk; felony for sale or distribution
IV
Xanax, Valium, tramadol
Low abuse risk; often misdemeanor-level
V
Codeine cough syrup, Lyrica
Lowest risk; often eligible for diversion
These classifications determine how severe the penalties can be if you’re convicted of possession, intent to deliver, or trafficking.
Simple possession
Any Schedule I–V drug
Up to 1 year jail / $5,000 fine
Often, ARD or probation without a verdict
Marijuana (≤30g)
Small personal amount
30 days jail / $500 fine
Community service or dismissal
Possession with intent (PWID)
Schedule I–II drugs
Up to 15 years in prison / $250,000 fine
Reduced charges or negotiated a plea
Trafficking / distribution
Large quantities
Up to 15 years in prison
Case-dependent; may be reduced
Prescription fraud/doctor shopping
Forged prescriptions
Up to 7 years in prison / $15,000 fine
Record protection or diversion
Paraphernalia
Pipe, scale, baggies
Up to 1 year jail / $2,500 fine
Often dismissed or expunged
At Penglase & Benson Inc., every drug charge case is handled by a team of local criminal defense attorneys who have stood on both sides of the courtroom. Our partners are former prosecutors and legal educators at nearby colleges and law schools, giving us a deep understanding of how the Commonwealth of Pennsylvania investigates, builds, and prosecutes drug crimes.
Whether you’re facing a misdemeanor for simple possession or a felony-level drug trafficking offense, our criminal defense law firm focuses on protecting your rights, your criminal record, and your future.
Trying to manage a drug case on your own can increase the risk of a criminal conviction and expose you to penalties that reach the full extent of Pennsylvania law. When you work with our drug charge lawyers in Bucks County, PA, you gain advocates who know how to challenge the prosecutor’s evidence, expose weak probable cause, and navigate the criminal justice system effectively.
We help you determine whether you qualify for diversion or rehabilitation programs that can resolve drug offenses without a conviction, such as:
For those who do not qualify for these alternatives, our criminal defense lawyers negotiate outcomes that reduce penalties, shorten supervision periods, and protect future opportunities. Every defense we prepare begins with one priority: helping you move forward without the lasting impact of a criminal record. If you’re facing drug charges in Bucks County or Montgomery County, call our law offices for a free consultation with a local defense attorney who understands what’s at stake.
Stay calm, avoid discussing your case with the police or anyone else, and contact a criminal defense attorney as soon as possible. Do not consent to searches or interviews without legal counsel present. Early intervention allows your lawyer to preserve evidence, challenge the legality of the arrest, and protect your rights from the start.
Yes, ARD is often available to first-time offenders charged with minor possession or paraphernalia offenses. If accepted, you complete conditions such as community service or treatment, and your case can be dismissed and expunged. Eligibility depends on the type of drug, your record, and prosecutor approval, which your attorney can help secure.
Possession means having a controlled substance for personal use, while PWID means prosecutors believe you planned to sell or distribute it. Intent is often inferred from packaging materials, text messages, or the quantity found. The second charge carries far harsher penalties and often turns on how that intent is proven.
Drug charges rely heavily on lab results to confirm a substance and its weight. Errors in testing, contamination, or the chain of custody can make the results unreliable. If your attorney shows that lab procedures were flawed, the results can be excluded from evidence, weakening or even collapsing the prosecution’s case.
Yes, a criminal conviction for a drug offense can appear on background checks, affect professional licensing, and trigger immigration consequences. For non-citizens, even a minor conviction can lead to removal proceedings. A lawyer’s goal is to avoid a conviction through diversion, dismissal, or reduced charges to protect your record and career.
A preliminary hearing is not a trial but a review of whether there’s enough evidence to move forward. The prosecution presents basic proof, and your defense attorney can cross-examine witnesses and challenge weak or missing evidence. It’s often the first major opportunity to get charges reduced or dismissed before trial.
Generally, police need a warrant or valid probable cause to search your phone or vehicle. If they search without one, any evidence they find can be challenged in court. There are exceptions, such as consent or items in plain view, but an attorney can evaluate whether the search was legal and move to suppress any evidence obtained improperly.
If convicted, a drug charge can stay on your criminal record permanently unless it’s expunged or sealed. Programs such as ARD or probation without verdict allow eligible defendants to complete conditions and have charges dismissed and removed from the public record. Without those outcomes, a conviction can appear indefinitely on background checks.
Juveniles are usually handled in Juvenile Court, which focuses on rehabilitation rather than punishment. While ARD is an adult diversion program, similar outcomes exist through consent decrees, informal adjustment, or probation that can keep the record clean if completed successfully.
