As our society has continued to be burdened by problems associated with drug dependency, the criminal justice system imposes severe penalties. In 2017, nearly 96% of those convicted of drug trafficking had a prison sentence imposed against them. The average sentence for these offenses was approximately 70 months. The following chart shows the distribution of the most common drugs in drug trafficking cases and the average sentences imposed.
|
Methamphetamine |
Crack Cocaine |
Powder Cocaine |
Heroin |
Oxycodone |
Marijuana |
|
|
Avg. Sentence |
88 months |
80 months |
72 months |
65 months |
44 months |
27 months |
|
The Rate in Trafficking Cases |
36.9% |
8.2% |
20.3% |
13.8% |
2.8% |
13.8% |
Defining Drug Trafficking
The term drug trafficking describes the trading of illegal drugs. The activity exists in a black market that may involve manufacturing, cultivating, distribution, and sales. Illegal drugs are those outlined in the Controlled Substances Act.
Montgomery County Drug Offenses
In 2017, there were an estimated 3,591 drug-related offenses that occurred in Montgomery County. Many of these cases are diverted to the Montgomery County Drug Treatment Court. The program places eligible offenders into a period of supervision and required completion of treatment for substance abuse, educational programming, and abstinence from drugs.
The chart below shows how penalties for drug trafficking increase based on the quantity involved. We will review the provisions for three of the most common drugs that are involved in these cases.
|
Substance |
Quantity |
Incarceration Period |
Fines |
|
Methamphetamine |
5 – 10 grams |
3 year |
$15,000 |
|
10 – 100 grams |
4 years |
$25,000 |
|
|
Over 100 grams |
5 years |
$50,000 |
|
|
Cocaine |
2 - 10 grams |
1 year |
$5,000 |
|
10 - 100 grams |
3 years |
$15,000 |
|
|
Over 100 grams |
4 years |
$25,000 |
|
|
Heroin |
1 - 5 grams |
2 years |
$5,000 |
|
5 - 50 grams |
3 years |
$15,000 |
|
|
Over 50 grams |
5 years |
$25,000 |
Drug Trafficking Involving Minors (§6314)
Adults found to have possessed a controlled substance with intent to deliver to a minor will have a minimum of a one-year sentence of confinement imposed. The sentence is enhanced to a minimum of two years under certain circumstances. This applies when the intent is to “promote habitual use” or to engage a minor in other trafficking activity such as delivery or sales. It may also apply when the offense occurs within 1,000 feet of a school or within 500 feet of a bus stop.
Drug Delivery Leading to Death (§2506)
The state allows for first-degree felony charges when someone delivers, sells, or otherwise distributes a drug that results in the death of the user. A first-degree felony conviction is punishable by a prison sentence of up to 40 years.
Asset Forfeiture and Suspension of Driver's License
As a deterrent, courts may order an offender's assets to be forfeited and auctioned. Until recent legislation was enacted, Pennsylvania imposed mandatory driver's license suspensions for most drug offenses, even when the crime did not involve driving. Criminal advocacy groups fueled legislative measures that eliminated most of these laws. It was viewed as a hindrance to recovery for offenders and was disproportionately adverse to minorities and those with low income.
Pennsylvania Defense Attorney for Drug Offenses
Have you been charged with possession, manufacturing, or selling drugs? Those convicted of these charges may be incarcerated, subject to thousands of dollars in fines, and other harsh consequences. Attorney Joseph D. Lento has the skills and experience to defend clients from these allegations. Contact him today for a consultation at (888) 535-3686.
