Across the U.S., convicted drug offenders continue to face harsh penalties. Drug trafficking sentences that are enhanced are the result of possessing a weapon nearly 20% of the time. About 7% of enhanced sentences are imposed because the offender was a leader or in a supervisory capacity in a criminal conspiracy. Those facing such charges are strongly encouraged to seek assistance from an experienced criminal defense lawyer.
Comparing Sentences for Drug Trafficking in 2017
This chart illustrates that Pennsylvania's sentencing is more lenient than the national averages.
|
Prison Only |
Prison/Community (Split Sentence) |
Confinement & Probation |
Probation Only |
|
|
National |
92.6% |
3.2% |
1.3% |
2.8% |
|
Pennsylvania |
86.7% |
5.9% |
2.5% |
4.9% |
Drug Court in Delaware County
In 2017, there were roughly 2,830 overall drug offenses in Delaware County. Many of these cases are diverted to the Delaware County Drug Treatment Court where non-violent offenders enter a five-phase substance abuse program. The program has historically reduced recidivism and drug dependency. Eligibility guidelines exist; however, the District Attorney may exercise some discretion.
Drug Trafficking (§7508)
The potential sentences and penalties for offenses are based on the drug and quantity of drug involved, among other factors. Here, we look at two of the more common substances.
Marijuana
- A quantity of two to ten pounds or ten to twenty-one live plants will result in a minimum of one year in prison and a fine of $5,000.
- A quantity of ten to fifty pounds or twenty-one to 51 live plants will result in a minimum of three years in prison and a $15,000 fine.
- A quantity of more than 50 pounds or 51 live plants will result in a minimum of five years in prison and a $50,000 fine.
Methamphetamine
- A quantity of five to ten grams will result in a minimum of three years in prison and a $15,000 fine.
- A quantity of ten to one-hundred grams will result in four years in prison and a $25,000 fine.
- A quantity that exceeds 100 grams will result in five years in prison and a $50,000 fine
Other substances with these similar provisions are cocaine, amphetamines, methaqualone, heroin, and MMDA or MDMA.
Prior Convictions
Having a prior conviction for drug trafficking will result in significantly upgraded penalties. For example, in a first-tier offense involving methamphetamine, the minimums of three years in prison and a $15,000 fine are increased to five years and $30,000.
Trafficking on the Internet
In 2017, agencies of law enforcement conducted an international operation to shutter the major drug-trading venues online that are referred to as those operating in the “dark web.” It is difficult to accurately measure the volume of trafficking that occurs online, but it has the potential for rapid growth.
Trafficking to Minors
Penalties are notably increased when trafficking involves minors according to §6314. Delivery or possession with intent to sell controlled substances to minors is an offense that carries a minimum sentence of one year of confinement. This minimum is increased to two years if the activity is such that promotes “habitual use” or involves using minors in sales, delivery, or distribution efforts. The two-year minimum also applies when activities are conducted within 1,000 feet of a school or 500 feet of a school bus stop.
Drug Delivery That Causes Death
If a drug trafficker is found to have supplied drugs that results in the death of a drug user, the offender may be charged with a first-degree felony offense. These actions are punishable by up to 40 years in prison.
Legal Representation for Defending Drug Offenses in Pennsylvania
In today's criminal justice system, offenses such as drug trafficking can lead to lengthy prison sentences and other devastating results. Attorney Joseph D. Lento has been successfully representing clients across the state in these and other criminal matters for years. Contact the office today for a complimentary case evaluation by calling (888) 535-3686.
