Law enforcement throughout Pennsylvania is aggressively targeting illegal drug sales, distribution, and manufacturing. Between October of 2017 and September of 2018, the Pennsylvania Counterdrug Joint Task Force confiscated more than 140 pounds of heroin that had an estimated “street value” exceeding $7 million. Meanwhile, Attorney General Josh Shapiro's office recently conducted a two-month investigation that led to 59 felony arrests for drug trafficking.
Between 2014 and 2019 in Lancaster County there were 494 deaths attributed to drug overdoses. Nearly 75% of these fatalities involved individuals between the ages of 25 and 54 and more than 70% were male. In 1988, the Lancaster County Drug Task Force was established. The majority of this agency's efforts are targeting “mid to upper-level drug dealers.”
Examples of Scheduled Controlled Substances (PA Code § 25.72)
- Schedule I: Heroin, Mescaline, Methaqualone
- Schedule II: Fentanyl, Methadone, Methamphetamine
- Schedule III: Buprenorphine, Lysergic acid, Nalorphine
Pennsylvania Drug Trafficking Penalty Summary (§7508)
|
Drug |
Quantity |
Period of Imprisonment |
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 |
Elements to Prove an Offense
Drug trafficking or distribution is formally referred to as having possession with intent to deliver. The offense may involve unlawful manufacturing or possession with intent to deliver a controlled substance or counterfeit controlled substance. This also applies to the cultivation (growing) of marijuana. The first key element that must be proven is that the alleged offender did knowingly and intentionally have possession.
It must then be proven that the individual did intend to deliver. To prove this element it is not necessary for the alleged offender to be caught engaging in an obvious sales transaction. Delivery may simply involve an “attempt” to transfer a controlled substance between parties. Often there is strong circumstantial evidence that suggests some intent to deliver. Examples may include the presence of devices for weighing, dividing, and packaging quantities of a substance.
Suspension of Driving Privileges
Before 2018, Pennsylvania law subjected those who were convicted of drug-related offenses to a driver's license suspension. This law was eliminated for offenses that do not involve the operation of a motor vehicle. This is just one example of the volatility that exists in the realm of criminal law and reinforces the importance of retaining defense counsel who is actively involved in this area of legal practice.
Defense Attorney for Drug-Related Offenses
Our Criminal Law Team has the experience necessary to effectively defend clients facing misdemeanor and felony drug charges. We will closely review the facts, evidence, and individual circumstances involved to create a strategic plan of defense. Contact our office for an initial case evaluation at (888) 535-3686.
