What are the Penalties for Drug Trafficking in Pennsylvania?

What are the Penalties for Drug Trafficking in Pennsylvania?

If you or someone you love has been charged with drug trafficking in Pennsylvania, it can be an extremely scary situation. The penalties are harsh, and can include years in prison as well as heavy fines. This article will break down the basics of what constitutes drug trafficking in PA, potential defenses, and what penalties you may face if convicted.

What is Considered Drug Trafficking in Pennsylvania?

In Pennsylvania, drug trafficking – also called drug distribution – involves illegally manufacturing, delivering, or possessing controlled substances with the intent to manufacture or deliver them. This includes activities like:

• Growing, producing, or obtaining illegal drugs
• Selling drugs
• Transporting or importing drugs into the state
• Possessing large quantities of drugs that indicate intent to sell

To be charged with drug trafficking, prosecutors must prove you intended to deliver drugs to someone else. Simply having drugs in your possession is not enough. They also have to show you actually took steps to traffic the drugs, like packaging them for sale or coordinating deliveries.

The main drugs involved in PA trafficking charges are:

• Cocaine
• Heroin
• Methamphetamines
• Marijuana
• Prescription opioids like oxycodone

Marijuana is treated somewhat differently than other drugs in PA trafficking laws. The penalties are less severe if you’re charged with trafficking marijuana vs. other controlled substances.

Penalties for Drug Trafficking in Pennsylvania

The penalties for drug trafficking depend on the type and quantity of the drug involved. Under Pennsylvania law, the main factors determining your penalty are:

• The type of drug (marijuana, cocaine, meth, etc)
• The weight or volume of the drug
• If it’s your first offense or you have prior convictions

In general, the more dangerous the drug and the larger the quantity, the harsher the penalty. Trafficking marijuana brings lower penalties than trafficking drugs like heroin or meth. Let’s look at some examples for common drugs:

Marijuana Trafficking

• 2-10 lbs: 1 year minimum prison + $5,000 fine (first offense)
• 10-50 lbs: 3 years minimum prison + $15,000 fine (first offense)
• Over 50 lbs: 5 years minimum prison + $50,000 fine

Cocaine Trafficking

• 2-10 grams: 2 years minimum prison + $5,000 fine (first offense)
• 10-100 grams: 3 years minimum prison + $15,000 fine (first offense)
• Over 100 grams: 5 years minimum prison + $25,000 fine (first offense)

Heroin Trafficking

• 1-5 grams: 2 years minimum prison + $5,000 fine (first offense)
• 5-50 grams: 3 years minimum prison + $15,000 fine (first offense)
• Over 50 grams: 5 years minimum prison + $25,000 fine (first offense)

As you can see, the penalties quickly escalate based on the drug amount. Prior convictions can also double or triple the minimum prison sentence in many cases.

Defenses to Drug Trafficking Charges

Many people charged with drug trafficking are innocent, or there are good defenses that can get the charges reduced or dropped. Here are some common defenses:

• No intent to deliver. If the prosecution can’t prove you planned to sell or distribute the drugs, this essential element is missing.
• Illegal search. If the police didn’t have probable cause or a warrant to search your home or vehicle, the drug evidence may be excluded.
• Entrapment. You were illegally coerced or manipulated into committing the crime.
• Misidentified substance. The drugs were falsely identified during testing.
• Duress. You were forced to traffic the drugs against your will.

An experienced criminal defense attorney can evaluate the details of your case and identify the best defense strategy. This gives you the best chance at an acquittal or reduced charges.

Finding the Right Lawyer

As you can see, a conviction for drug trafficking in PA can carry severe consequences that impact your future for years to come. But the outcome for every case is different – with an aggressive legal defense, many people accused of trafficking avoid long prison sentences. The right lawyer will thoroughly examine the evidence, identify weaknesses in the prosecution’s case, and build the strongest defense on your behalf. If you or someone you love is facing drug trafficking charges in Pennsylvania, don’t leave the outcome to chance. Consult with a criminal defense attorney right away.