When is it simple possession vs. possession with intent to deliver in Pennsylvania?

Asked in Allentown, PA on March 23, 2020 Last answered on January 2, 2026

1 answer

Matthew T. Muckler
Answered by:

Matthew T. Muckler

Kingston, PA
Muckler Law, LLC 570-505-6673
Free Consultation
Answer

There is no bright line rule or hard limit. Typically police will look to (1) the weight of the drugs, (2) context surrounding the arrest, (3) location of drugs and any paraphernalia found, and (4) types and nature of paraphernalia found. Additionally, if the police secure a phone and are able to search it, if they find text messages suggesting an intent to sell or deliver drugs they can use that as support for a felony possession with intent to deliver case. For these reasons if you are charged with a felony drug offense you should consult with a skilled lawyer to see what your options are.

January 2, 2026

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