Understanding Pennsylvania Drug Sentencing
You want to do everything you can to fight your drug charges, but a thorough and aggressive defense should be prepared to minimize the consequences of a potential conviction. At the Bucks County law offices of Attorney Niels C. Eriksen, we understand Pennsylvania drug sentencing guidelines and drug mandatories, and we will take these into consideration as we fight to lower the charges you face.
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Pennsylvania has a minimum and maximum drug sentencing system, where the maximum sentence is at least two times greater than the minimum sentence. Not all drug charges have mandatory minimum sentences, but it is important for your defense lawyer to understand the penalties before agreeing to any type of plea.
Pennsylvania drug charges are often complicated by sentence enhancements, including:
- Prior trafficking convictions
- Gun in close proximity
- Multiple counts charged in document can count as prior convictions
With over a decade of experience protecting the rights of the accused in Pennsylvania state and federal courts, we understand the serious consequences facing our clients. As we help you build the best possible defense, we believe it is important for you to understand the charges as well:
| 18 Pa.C.S. §7508 Drug Trafficking Sentencing and Penalties | Quantity | 1st Conviction | 2nd or Subsequent |
| MARIJUANA | 2 lbs. to less than 10 lbs. or 10 live plants to less than 21 live plants | 1 year | 2 years |
| 10 lbs to less than 50 lbs. or 21 live plants to 51 live plants | 3 years | 4 years | |
| 50 lbs. + or 51 live plants + | 5 years | 5 years | |
HEROIN | 1 gram to less than 5 grams | 2 years | 3 years |
| 5 grams to less than 50 grams | 3 years | 5 years | |
| 50 grams + | 5 years | 7 years | |
| NARCOTICS OF SCHEDULE I OR II | 2 grams to less than 10 grams | 2 years | 3 years |
| 10 grams to less than 100 grams | 3 years | 5 years | |
| 100 grams + | 5 years | 7 years | |
| COCAINE | 2 grams to less than 10 grams | 1 year | 3 years |
| 10 grams to less than 100 grams | 3 years | 5 years | |
| 100 grams + | 4 years | 7 years | |
| METHAMPHETAMINE/ PHENCYCLIDINE | 5 grams to less than 10 grams | 3 years | 5 years |
| 10 grams to less than 100 grams | 4 years | 7 years | |
| 100 grams + | 5 years | 8 years | |
| AMPHETAMINE | 5 grams + | 2 1/2 years | 5 years |
| METHAQUALONE | 50 tablets to less than 200 tablets or 25 grams to less than 100 grams | 1 year | 3 years |
| 200 tablets + or more than 100 grams | 2 1/2 years | 5 years |
The above chart is a rough guide to how Pennsylvania handles drug sentencing. Every case is unique and to truly understand the potential consequences you face, you want to speak to an experienced criminal defense lawyer.
Contact Us
From our office in Bucks County, we are ready to answer any questions you may have about the drug charges you face and the accompanying sentencing guidelines. Available 24 hours a day, 7 days a week, we make jail visits and emergency bail hearings. Contact us today for a free initial consultation. Call 215-375-7914 or toll free 877-880-8123.
