Pennsylvania has continued to take action against illegal drug distribution and manufacturing. The Governor's Office explained their commitment to “disrupting the flow of illegal drugs” statewide. In 2019, Governor Wolf renewed his “opioid disaster declaration” used to expedite monitoring, enforcement, and treatment measures. In 2017, there were more than 5,300 fatal drug overdoses in Pennsylvania.
U.S. Drug Enforcement Administration (DEA) Arrests
|
2018 |
2017 |
2016 |
2015 |
|
26,645 |
27,307 |
29,067 |
31,618 |
Between 2014 and 2019 in Berks County there were 461 deaths attributed to drug overdoses. Approximately 78% of these fatalities involved fentanyl, heroin or cocaine. The Berks County Narcotics Unit is a key division within the Berks County District Attorney's Office for drug enforcement.
The Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act
Controlled substances are those classified in Schedules I through V under the act. A formal term that refers to illegal drug distribution is “possession with intent to deliver a controlled substance.” This is differentiated from mere possession of a controlled substance. The term deliver is the “actual, constructive, or attempted transfer” of a controlled substance among parties. It must be proven that the offender cultivated, manufactured, or otherwise obtained the substance with the intent to deliver.
Pennsylvania Drug Trafficking Sentence and Penalty Matrix
|
Substance |
Quantity |
Incarceration Period |
Fines |
|
Marijuana |
2 lbs. – 10 lbs. or 10 – 21 live plants |
1 year |
$5,000 |
|
10 lbs. – 50 lbs. or 21 – 51 live plants |
3 years |
$15,000 |
|
|
Over 50 lbs. or 51 live plants |
5 years |
$50,000 |
|
|
Schedule I or II Narcotics |
2 – 10 grams |
2 years |
$5,000 |
|
10 -100 grams |
3 years |
$15,000 |
|
|
Over 100 grams |
5 years |
$25,000 |
|
|
Methamphetamine |
5 – 10 grams |
3 years |
$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)
The state imposes enhanced penalties when an adult delivers or possesses with intent to deliver a controlled substance to a minor. This offense carries a mandatory minimum prison sentence of one year. There are various provisions that may extend the mandatory minimum prison sentence to two years as follows:
- The offense was conducted with “intent to promote habitual use” of the drug
- The offender sought to or obtained assistance from a minor in activities such as transporting, delivering, or sales of drugs
- A drug transaction occurred within 1,000 feet from an educational institution (school)
- A drug transaction occurred on a school bus or within 500 feet of a school bus stop
Death Associated With Drug Delivery (§2506)
The law now allows for a drug dealer to be charged with a first-degree felony if a drug user has a fatal overdose. This applies to an offender who “intentionally administers, dispenses, delivers, gives, prescribes, sells or distributes any controlled substance or counterfeit controlled substance” to someone who dies from usage. Up to a 40-year prison sentence may be imposed.
Attorney Defends Charges of Drug Trafficking in Pennsylvania
The LLF Law Firm has spent many years effectively defending clients against criminal allegations such as drug possession or distribution. With the increasingly harsh sentences and other penalties that may be imposed, it is critical to retain counsel that focuses on this area of legal practice. Contact the office today at (888) 535-3686 for a case evaluation.
