Pennsylvania Drug Penalties

Drug Offense Penalties in Pennsylvania - The Basics

Pennsylvania law mandates harsh penalties for conviction of a drug-related offense.  The criminal penalties for drug possession offenses in Pennsylvania vary widely depending upon several factors, including the type of drug at issue, the amount of the drug involved, and your prior criminal record.

If you have been charged with a drug possession offense in Pennsylvania, it is important that you be aware that severe penalties, including jail time, monetary fines and a driver's license suspension, may apply under Pennsylvania law if you are convicted.  Contact the Law Office of Kevin Mark Wray at (610) 810-2999 to schedule a free case evaluation with Criminal Defense Attorney Kevin Mark Wray to learn what options, defenses, or mitigating circumstances may be available to you. 

Penalties for drug crimes in PA are generally divided between crimes of drug possession and crimes of distribution or delivery (PWID), also referred to as drug trafficking charges.

Mandatory Minimum Sentencing and Amplifying Factors

Section 7508 of the Pennsylvania Crimes Code addresses mandatory minimum sentencing for drug trafficking.  These mandatory minimum sentences provide for little flexibility upon conviction, so it is important to speak with an experienced criminal defense attorney as early as possible in the process.

There are also additional factors that may amplify the sentencing in your case, such as distribution in a school zone or possession of a weapon in connection with the alleged drug crime.  It is vital to your future to consult an experienced Pennsylvania criminal defense attorney if you have been charged with any of the drug crimes listed on this page.

Criminal Penalties for Drug Crimes under PA Law

The most commonly charged drug crimes in PA are listed below with their corresponding penalties:

Offense

PA Statute

Penalty

Mandatory

Possession of a Controlled Substance

35 P.S. § 780-113(a)(16)

1st Offense - misdemeanor, up to 1 year in jail, maximum $5,000 fine, or both;

 

 

 

Possession of a Controlled Substance

 

Subsequent Offense - misdemeanor, up to 3 years in jail, maximum $25,000 fine, or both

 

Manufacture, Delivering or Possession with Intent to Deliver Controlled Substances (PWID)

35 P.S. § 780-113(a)(30)

Please see the Criminal Penalties for Drug Trafficking chart below.

Mandatory Minimum Sentences for Drug Trafficking

 

Manufacture, Delivering or Possession with Intent to Deliver Controlled Substances (PWID)

 

 

Mandatory Minimum Sentences for Drug Trafficking to Minors

Possession of a Small Amount of Marijuana

35 P.S. § 780-113(a)(31)

Misdemeanor, up to 30 days in jail, maximum $500 fine, or both

 

Drug Paraphernalia

35 P.S. §780-113(a)(32)

Misdemeanor, up to 1 year in jail, maximum $2,500 fine, or both

 

Criminal Use of a Communication Facility

18 Pa. C.S.A. § 7512

3rd degree felony, up to 7 years in jail, maximum $15,000 fine, or both

 

Obtaining a Controlled Substance by Fraud or Misrepresentation

35 P.S. § 780-113(12)

Same penalties as PWID above, based on the drug at issue.  See the Criminal Penalties for Drug Trafficking chart below.

 

Driver's License Suspension for Drug Crimes in Pennsylvania

There are certain criminal offenses in Pennsylvania that carry a suspension of your driver's license as part of the penalty for that criminal offense, including some non-driving-related criminal offenses.  Some common examples of criminal offenses that carry license suspension as part of the penalty include any offense under the PA Controlled Substance, Drug, Device and Cosmetic Act.  Suspension of your driver's license is part of a separate administrative proceeding handled by the PA Department of Transportation (PennDOT).

Drug Offense Criminal Defense Attorneys in Chester, Delaware, Montgomery and Philadelphia Counties

If you or a loved one has been arrested for a drug crime or other drug-related offense, you do not have to face this situation alone.  The Law Office of Kevin Mark Wray is an experienced in representing people accused of drug possession and drug trafficking offenses.  Contact the Law Office of Kevin Mark Wray at (610) 810-2999 for a free initial consultation about your alleged drug offense in Chester, Delaware, Montgomery and Philadelphia Counties.

Law Office of Kevin Mark Wray
200 West Front Street
Media, PA 19063

(610) 800-5487 (mobile)
(610) 810-2999 (office)
(610) 566-1002 (fax)

This web posting is for general information and does not contain a full legal analysis of the matters presented.  It should not be construed as legal advice or relied upon as legal opinion on any specific facts or circumstances.  The invitation to contact Kevin M. Wray, Esquire is not a solicitation to provide professional services and should not be construed as an availability to perform legal services in any jurisdiction in which Kevin Wray is not licensed to practice.

Pennsylvania Drug Trafficking/ Possesssion with Intent to Deliver (PWID) Penalties

Penalties for Drug Trafficking Crimes

Drug trafficking charges are a serious matter under Pennsylvania law, and the criminal penalties associated with these offenses are very harsh.  Pennsylvania, due to its proximity to NYC and I-95, is considered a major drug trafficking route, and these charges are taken very seriously by PA law enforcement.

If you are charged with drug trafficking, drug possession with intent to distribute or deliver (PWID), or obtaining a controlled substance by fraud or misrepresentation, you could be facing a long prison sentence, extraordinary fines, a criminal record, treatment programs, community service and a driver's license suspension.  Depending upon the arresting agency involved in your case, you could be subject to not only Pennsylvania drug crime charges, but to federal drug charges as well.  In any case, if you have been charged with drug trafficking, possession with intent to distribute, or obtaining a controlled substance by fraud or misrepresentation, you should consult an experienced criminal lawyer as soon as possible following your arrest.

Criminal Penalties for Drug Trafficking Crimes in PA

The penalties listed below are for any person who violates Pennsylvania law under 35 P.S. 780-113(a)(12), 35 P.S. 780-113(a)(14), or 35 P.S. 780-113(a)(14) with respect to:

Drug Type

Penalty

Schedule I or II which is a narcotic drug

Felony, up to 15 years in jail, maximum $250,000 fine, or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.

Specific Drugs or Amounts: 

PCP; methamphetamine (meth), including its salts, isomers and salts of isomers; cocaine and its derivatives; and marijuana in a quantity in excess of 1,000 pounds

Felony, up to 10 years in jail, maximum $100,000 fine, or both, or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity.

 Schedule I, II, or III not listed above

Felony, up to 5 years in jail, maximum $15,000 fine, or both

Schedule IV

Felony, up to 3 years in jail, maximum $10,000 fine, or both.

Schedule V

Misdemeanor, up to 1 year in jail, maximum $5,000 fine, or both.

 

Mandatory Minimum Sentences for Drug Trafficking in PA

Pennsylvania law, specifically §7508 of the PA Crimes Code, addresses mandatory minimum sentences for drug trafficking crimes.  Mandatory minimum sentences under PA law provide little flexibility upon conviction.  There are also additional factors that may amplify or aggravate the sentencing in your case, such as possession of a firearm.  It is imperative that you retain an experienced Pennsylvania criminal defense attorney if you have been charged with a drug trafficking offense listed on this page.  Learn more about mandatory minimum sentencing for PA drug crimes.  

Drug Trafficking Criminal Defense Attorney is Chester, Delaware, Montgomery and Philadelphia Counties

Criminal Defense Attorney Kevin Mark Wray is an experienced criminal defense attorney representing clients in Delaware, Chester, Montgomery and Philadelphia Counties.  Kevin Wray has been defending individuals charged with drug crimes, including Possession with Intent to Deliver (PWID) and obtaining a controlled substance by fraud or misrepresentation, for nearly a decade.  The Law Office of Kevin Mark Wray will thoroughly examine your case, exploring what options, defenses, or mitigating circumstances may be available to you.  Criminal Defense Attorney Kevin Mark Wray is committed to reaching the best possible outcome for his clients charged with felony drug trafficking charges.  

If you or a loved one has been arrested for a drug trafficking or other drug-related offense, you do not have to face this situation alone.  The Law Office of Kevin Mark Wray is an experienced in representing people accused of drug possession and drug trafficking offenses.  Contact the Law Office of Kevin Mark Wray at (610) 810-2999 for a free initial consultation about your alleged drug offense in Chester, Delaware, Montgomery and Philadelphia Counties.

Law Office of Kevin Mark Wray
200 West Front Street
Media, PA 19063

(610) 800-5487 (mobile)
(610) 810-2999 (office)
(610) 566-1002 (fax)

This web posting is for general information and does not contain a full legal analysis of the matters presented.  It should not be construed as legal advice or relied upon as legal opinion on any specific facts or circumstances.  The invitation to contact Kevin M. Wray, Esquire is not a solicitation to provide professional services and should not be construed as an availability to perform legal services in any jurisdiction in which Kevin Wray is not licensed to practice.

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