Arrested for Drugs in Pennsylvania? PA’s Mandatory Minimum Sentences

Felony drug charges are very serious and very common in large cities in Pennsylvania, like Philadelphia. Under Pennsylvania criminal law, conviction of felony drug crimes will result in mandatory sentences. However, mandatory sentences under PA law depend on proof of certain facts, such as whether a gun was used, the type of drugs, the quantity of the drugs, and where the transaction allegedly occurred.

Pennsylvania Drug Crime Sentencing Laws

In addition to federal law, here are some Pennsylvania drug possession/dealing laws:

The Controlled Substance, Drug, Device and Cosmetic Act
18 Pa.C.S. Section 7508, Drug trafficking sentencing and penalties.
18 Pa.C.S. Section 6317, Drug-free school zones.
18 Pa.C.S. Section 6314, Sentencing and penalties for trafficking drugs to minors.
42 Pa.C.S. Section 9712.1, Sentences for certain drug offenses committed with firearms.

The following federal and state sentences are current as of March 2014:

CRIME	MANDATORY SENTENCES
Drug trafficking/dealing (PWID) with a Firearm/Gun	5-10 years
Drug trafficking/dealing which results in death	5 years
Drug trafficking/dealing in a drug free zone (schools, parks, playgrounds, etc.)	2 years, 4 years maximum
Drug trafficking/dealing to a minor	1 year, plus 2 years under certain circumstances
Marijuana
2 up to 10 pounds or10 up to 21 live plants	1 year (1^st Offense) 2 years (with prior record-drug trafficking offense)
10 up to 50 pounds or21 up to 51 live plants	3 years (1^st Offense) 4 years (with prior record-drug trafficking offense)
50+ pounds or 51+ live plants	5 years
Narcotics (i.e., Heroin)
1 up to 5 grams	2 years (1^st Offense) 3 years (with prior record-drug trafficking offense)
5 up to 50 grams	3 years (1^st Offense) 5 years (with prior record-drug trafficking offense)
50+ grams	5 years (1^st Offense) 7 years (with prior record-drug trafficking offense)
Cocaine/Crack
2 up to 10 grams	1 year (1^st Offense) 3 years (with prior record-drug trafficking offense)
10 up to 100 grams	3 years (1^st Offense) 5 years (with prior record-drug trafficking offense)
100+ grams	4 years (1^st Offense) 7 years (with prior record-drug trafficking offense)

Facing Felony Drug Charges in Philadelphia? Get a Free Case Review

David S. Nenner is an experienced criminal defense lawyer who focuses on handling drug, gun and murder cases in the Philadelphia area. Learn more about our criminal drugs and narcotics practice in Pennsylvania. If you or a loved one would like a free case review, please call (215) 564-0644.

David S. Nenner

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