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Penalties for Drug Crimes

Pennsylvania Marijuana Charges and Punishments

  • Possession of Marijuana 30 g or less is a misdemeanor punishable by up to 30 days in jail and a fine of up to $500.
  • Possession of Marijuana more than 30 g is also a misdemeanor punishable by one year in jail and a fine of up to $5,000.
  • Distribution of 30 g or less for no remuneration (i.e. monetary exchange) is treated the same as simple possession, which is a misdemeanor punishable by up to 30 days in jail and fine of up to $500.
  • Sale, Delivery or Distribution (PWID) of 1,000 lbs or less of marijuana is a felony punishable by one to three years in Pennsylvania State Prison, with a statutory maximum of five years. Additional penalties include fines ranging from $5,000 to $25,000 ($15,000)(if the person arrested has a prior drug conviction then minimum mandatory prison sentence of 3 years and maximum fine).
  • Sale, Delivery or Distribution (PWID) of more than 1,000 lbs of marijuana is a felony punishable by up to 10 years in state prison, and a fine up to $100,000.
  • Sale, Delivery or Distribution (PWID) of marijuana within 1,000 ft of a school, or within 250 ft. of a recreational playground, is punishable by two to four years in prison.
  • Sale, Delivery or Distribution (PWID) of marijuana to a minor when the seller is over the age of 21 is felony with double the possible penalties for the amount of marijuana sold.
  • Possession or sale of paraphernalia is punishable by up to one year in jail and a fine up to $2,500. If the sale was to a minor, the possible penalties are doubled to two years in jail and fines up to $5,000.

 


 

Drug Sales – Penalties and Sentences

The charge for drug trafficking or distribution in Pennsylvania is typically a felony, even if it is the first time that the defendant is found guilty of this offense. The factors determining the severity of the charge are the type of drug, the amount found in possession, and the classification the state puts them in. Drug trafficking can carry prison sentences of seven to twenty years in prison. In certain situations, a prosecutor may agree to a plea bargain for a lesser charge in exchange for the defendant pleading guilty or for information for a higher priority investigation.
Title 18 Pa.C.S. § 7508 Drug Trafficking Sentencing and Penalties

Marijuana

Quantity 1st Conviction Subsequent
2 lbs to < 10 lbs or 10 to < 21 Live Plants 1 year 2 years
10 lbs to < 50 lbs or 21 to < 51 Live Plants 3 years 4 years
50 lbs or more or 51 Live Plants or more 5 years 5 years

Heroin

Quantity 1st Conviction Subsequent
1 gram to < 5 grams 2 years 3 years
5 grams to < 50 grams 3 years 5 years
50 grams or more 5 years 7 years

Cocaine

Quantity 1st Conviction Subsequent
2 grams to < 10 grams 1 year 3 years
10 grams to < 100 grams 3 years 5 years
100 grams or more 4 years 7 years

Schedule I or II Narcotics

Quantity 1st Conviction Subsequent
2 grams to < 10 grams 2 years 3 years
10 grams to < 100 grams 3 years 5 years
100 grams or more 5 years 7 years

Methamphetamine

Quantity 1st Conviction Subsequent
Manufacture of any quantity 2 years
5 grams to < 10 grams 3 years 5 years
10 grams to < 100 grams 4 years 7 years
100 grams or more 5 years 8 years

Amphetamine

Quantity 1st Conviction Subsequent
5 grams or more 2.5 years 5 years

Drug Trafficking to Minors

1 year mandatory / 3 year mandatory if in school zone.

 


Drug Free School Zone

Mandatory (1000 ft of school) 2 year mandatory

 


Drug Offenses Committed with Firearms

5 year mandatory