Felony drug charges are very serious and very common in large cities in Pennsylvania, like Philadelphia. Under Pennsylvania criminal law, conviction of felony drug crimes will result in mandatory sentences. However, mandatory sentences under PA law depend on proof of certain facts, such as whether a gun was used, the type of drugs, the quantity of the drugs, and where the transaction allegedly occurred.
PENNSYLVANIA DRUG CRIME SENTENCING LAWS
In addition to federal law, here are some Pennsylvania drug possession/dealing laws:
- The Controlled Substance, Drug, Device and Cosmetic Act
- 18 Pa.C.S. Section 7508, Drug trafficking sentencing and penalties.
- 18 Pa.C.S. Section 6317, Drug-free school zones.
- 18 Pa.C.S. Section 6314, Sentencing and penalties for trafficking drugs to minors.
- 42 Pa.C.S. Section 9712.1, Sentences for certain drug offenses committed with firearms.
Related: Arrested for Drug Possession in Philadelphia – Drug Evidence
The following federal and state sentences are current as of March 2014:
| CRIME | MANDATORY SENTENCES |
| Drug trafficking/dealing (PWID) with a Firearm/Gun | 5-10 years |
| Drug trafficking/dealing which results in death | 5 years |
| Drug trafficking/dealing in a drug free zone (schools, parks, playgrounds, etc.) | 2 years, 4 years maximum |
| Drug trafficking/dealing to a minor | 1 year, plus 2 years under certain circumstances |
| Marijuana | |
| 2 up to 10 pounds or10 up to 21 live plants | 1 year (1st Offense) 2 years (with prior record-drug trafficking offense) |
| 10 up to 50 pounds or21 up to 51 live plants | 3 years (1st Offense) 4 years (with prior record-drug trafficking offense) |
| 50+ pounds or 51+ live plants | 5 years |
| Narcotics (i.e., Heroin) | |
| 1 up to 5 grams | 2 years (1st Offense) 3 years (with prior record-drug trafficking offense) |
| 5 up to 50 grams | 3 years (1st Offense) 5 years (with prior record-drug trafficking offense) |
| 50+ grams | 5 years (1st Offense) 7 years (with prior record-drug trafficking offense) |
| Cocaine/Crack | |
| 2 up to 10 grams | 1 year (1st Offense) 3 years (with prior record-drug trafficking offense) |
| 10 up to 100 grams | 3 years (1st Offense) 5 years (with prior record-drug trafficking offense) |
| 100+ grams | 4 years (1st Offense) 7 years (with prior record-drug trafficking offense) |
Related: David S. Nenner Secures Acquittals in Two Attempted Murder Cases in Philadelphia
FACING FELONY DRUG CHARGES IN PHILADELPHIA? GET A FREE CASE REVIEW
David S. Nenner is an experienced criminal defense lawyer who focuses on handling drug, gun and murder cases in the Philadelphia area. Learn more about our criminal drugs and narcotics practice in Pennsylvania. If you or a loved one would like a free case review, please call (215) 515-0042.