Drug charges
A drug charge means the prosecution says you had an illegal drug, or that you sold it or planned to. Possession and sale are different charges, and the drug and the amount usually decide how serious the case is. Here is how each court we appear in defines the main charges.
What the charge means
Drug cases fall into two families. Possession charges say you had a controlled substance without a valid prescription. Sale or distribution charges, including "possession with intent," say you sold, delivered or planned to deliver it. The substance, the weight and the place can change the level of the charge.
How the police found the drugs is often as important as what they found. A search without a warrant, a car stop or a search of a shared apartment all raise questions your lawyer will look at.
Court by court
New York
Criminal possession of a controlled substance in the seventh degree is knowingly and unlawfully possessing a controlled substance; it is a class A misdemeanor [1]. Higher degrees depend on the drug, the amount and other facts in the charge.
New Jersey
It is unlawful to knowingly or purposely obtain or possess a controlled dangerous substance without a valid prescription or other legal authority. Possession of a Schedule I, II, III or IV substance, other than those the section treats separately, is a crime of the third degree [2]. Manufacturing, distributing or dispensing, or possessing with intent to do so, is a separate crime whose degree depends on the substance and the quantity [3].
Florida
Possessing a controlled substance without a valid prescription or other legal authority is a felony of the third degree; possession of 20 grams or less of cannabis is a misdemeanor of the first degree [4]. Selling, manufacturing or delivering, or possessing with intent to do so, is graded by the drug's schedule: a felony of the second or third degree, or a misdemeanor of the first degree for Schedule V [5].
Pennsylvania
Knowingly or intentionally possessing a controlled substance without a valid prescription or other authorization is prohibited, and that violation is a misdemeanor [6]. Manufacturing, delivering, or possessing with intent to deliver, by a person not registered under the act is a separate offense [7]. Your lawyer reads the exact charge and the schedule of the drug.
Federal court
Federal law makes it unlawful to manufacture, distribute or dispense a controlled substance, or to possess one with intent to do so [8]. Drug conspiracy has its own statute, 21 U.S.C. § 846 [9], and the Supreme Court has held that it does not require proof of an overt act [10]. Federal drug cases are often built over months with wiretaps, informants or controlled buys. See conspiracy charges.
What to do now
- Do not explain to the police whose drugs they were or where they came from. Ask for a lawyer.
- Do not talk about the case on the phone or by text. Treat every jail call as recorded.
- Do not post about the arrest, and do not delete messages or accounts. Ask your lawyer first.
- If you are not a U.S. citizen, tell your lawyer before any plea is discussed. A drug plea can carry serious immigration consequences; the firm's site myimmigrationplea.com explains them.
For the steps ahead in your court, use What happens next or the court pages for New York, New Jersey, Florida, Pennsylvania and federal court.
Common questions
The drugs were not mine. What should I say?
Nothing to the police. Who owned or controlled the drugs is often the central question, and your lawyer decides how to raise it. Explaining now usually helps the prosecution.
Does it matter how the police found the drugs?
Often, yes. Tell your lawyer exactly how the stop or search happened, and do not discuss it with anyone else.
Sources
- N.Y. Penal Law § 220.03 (rev. 2021-10-15). Current as of November 11, 2026. Official text
- N.J.S.A. 2C:35-10(a)(1). Current as of November 12, 2026. Official text
- N.J.S.A. 2C:35-5(a)(1), (b). Current as of November 12, 2026. Official text
- Fla. Stat. § 893.13(6)(a), (b) (2026). Current as of November 12, 2026. Official text
- Fla. Stat. § 893.13(1)(a) (2026). Current as of November 12, 2026. Official text
- 35 P.S. § 780-113(a)(16), (b). Current as of November 12, 2026. Official text
- 35 P.S. § 780-113(a)(30). Current as of November 12, 2026. Official text
- 21 U.S.C. § 841(a)(1). Current as of November 11, 2026. Official text
- 21 U.S.C. § 846. Current as of November 12, 2026. Official text
- United States v. Shabani, 513 U.S. 10 (1994). Current as of November 12, 2026. Official text
Arrested, or think you might be? Call before you answer any questions.
Call and tell us who was arrested or contacted and where the case is. A lawyer will tell you what happens next and what to do tonight. Please do not type what happened into a form or an email. We will talk about it on the phone.