Possession of Schedule V Drug Charges in Pennsylvania

Schedule V substances may be considered the least addictive drugs under the U.S. Controlled Substances Act, but don’t let that label mislead you. A charge involving a Schedule V drug in Pennsylvania can still lead to serious criminal consequences, including jail time, fines, and a permanent criminal record.

If you’ve been arrested for possessing, distributing, or selling a Schedule V drug in Pittsburgh or elsewhere in Pennsylvania, you could face both state and federal charges. And if the offense rises to the level of a felony, you may be subject to Pennsylvania’s mandatory minimum sentencing laws.

At Worgul, Sarna & Ness, we know how damaging even a “low-level” drug charge can be. Our Pittsburgh drug lawyers will defend your case as if your future depends on it—because it does.

What Are Schedule V Drugs?

Schedule V drugs have accepted medical uses in the U.S. and are available by prescription. They typically contain limited quantities of narcotics like codeine or opium and are used as:

• Antidiarrheals
• Antitussives (cough suppressants)
• Analgesics (pain relievers)

Examples include:
Robitussin AC, Lomotil, Lyrica, Parepectolin, and Motofen.

Criminal Penalties for Schedule V Drug Offenses in PA

For a first offense of simple possession, you face:

• Up to 1 year in jail
• Fines up to $5,000

Repeat convictions can lead to mandatory minimums:

• 6 months for a first conviction
• 1 year for a second
• 2 years for a third

A conviction also results in a permanent criminal record, which can limit your ability to:

• Secure employment
• Obtain a professional license
• Enroll in graduate programs
• Join the military
• Pass a background check

How Prosecutors Prove Possession of Schedule V Drugs

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.

If you’re caught with a Schedule V drug but don’t have a valid prescription, you can be charged with illegal possession.

Selling or Intending to Sell Schedule V Drugs

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.

If you are charged with selling or intending to sell a Schedule V drug, you risk being sentenced to one year in prison and a fine of up to $1,000.

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.

What Pennsylvania Law Says About Drugs

Under the Controlled Substance, Drug, Device and Cosmetic Act, it is prohibited to knowingly or intentionally possess drugs (or fake drugs) unless you have a prescription. A violation of this is a misdemeanor. 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 this is a felony.

A controlled substance classified as Schedule V (or a counterfeit substance) is charged with a misdemeanor. A conviction could mean prison for up to one year, a fine of up to $5,000, or both.

Even a misdemeanor drug conviction can lead to jail time and significant fines, so it’s critical to have a defense lawyer who can challenge every part of the prosecution’s case.

Arrested for a Schedule V Drug Offense? Here’s What to Do

Your first step should be hiring a Pittsburgh criminal defense attorney with experience in Pennsylvania drug law.

At Worgul, Sarna & Ness, we’ve spent years working against the same prosecutors and judges who may be involved in your case. We use that local knowledge and courtroom experience to push for dismissed or reduced charges whenever possible.

Here’s what we’ll do:

• Review the facts and timeline of your arrest
• Challenge probable cause for any search or traffic stop
• Determine prescription legitimacy or other defenses
• File motions to suppress illegally obtained evidence
• Negotiate with prosecutors or fight at trial, depending on what’s in your best interest

Tip: Do not speak to police or prosecutors without your attorney present.