Marijuana Trafficking
Under title 18 of the Pennsylvania Consolidated Statutes in section 7508, trafficking marijuana is subject to certain mandatory minimum sentences and fines. This means a judge cannot impose a lighter sentence on a convicted individual than the required mandatory minimum sentencing provisions. However, the court can impose a sentence that is greater than the statutory minimum mandatory provisions, and can impose anything up to the statutory maximum allowed for the particular marijuana charge.
The court also has no authority to place the offender on probation, pre-release, parole, work release or to suspend any part of the sentence.
West Chester Marijuana Trafficking Attorney
If you have been charged with trafficking marijuana in West Chester, PA, Michael J. Skinner of the Skinner Law Firm will hear your side of the story and make every effort to help you avoid the most serious penalties and punishments in your particular situation. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your alleged marijuana crime today.
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Trafficking Marijuana Between Two and Ten Pounds
If the alleged marijuana trafficking offense involves at least two pounds, but less than ten pounds, the minimum mandatory sentence includes one year in prison and a fine up to $5,000. This fine can be increased to an amount sufficient to exhaust the assets used and the proceeds from the illegal activity.
If at the time of sentencing the defendant has been convicted of another drug or marijuana trafficking offense, the minimum mandatory sentence is two years in prison and a $10,000 fine. This fine can be increased to a larger amount in order to exhaust the assets used and the proceeds from the illegal activity.
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Trafficking Between Ten and 50 Pounds of Marijuana
If the amount of marijuana trafficked is at least 10 pounds, but less than 50 pounds, the minimum mandatory sentence is three years in prison and a fine up to $15,000. This fine can be increased to an amount sufficient to cover the cost of the assets used and the proceeds resulting from the illegal activity.
If at the time of sentencing the defendant has been convicted of another drug or marijuana trafficking offense, the minimum mandatory sentence is four years in prison and a $30,000 fine, or any larger amount that is sufficient to cover the assets used and the proceeds resulting from the illegal activity.
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Trafficking 50 Pounds or More of Marijuana
If the alleged offender is charged with trafficking at least 50 lbs. of marijuana, the minimum mandatory sentence is five years in prison and a fine up to $50,000, which can be increased to an amount that will exhaust the assets used and the proceeds resulting from the illegal activity.
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Trafficking through Cultivation of Marijuana
According to Pennsylvania law, if an alleged offender is caught with nine or less live marijuana plants, law enforcement officers may determine the weight of the marijuana plants by using any certified scale that is convenient to the place of arrest in order to determine the weight of the growing marijuana plant.
The aggregate weight of the plant includes the whole plant, including the root system. The weight does not include any substance that is not part of the growing plant. Therefore, in order to determine the aggregate weight, law enforcement officers can weigh the plant with any roots, but not any soil attached to the roots.
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Trafficking or Cultivation of Ten to 21 Plants
If the marijuana cultivation offense involves at least ten live plants, but less than 21 live plants, the minimum mandatory sentence includes one year in prison and a fine up to $5,000. This fine amount can be increased to an amount sufficient to exhaust the assets used and the proceeds resulting from the illegal activity.
If at the time of sentencing the defendant has been convicted of another marijuana trafficking offense, the minimum mandatory sentence is two years in prison and a $10,000 fine, which can be increased to a larger amount in order to cover the assets used and the proceeds resulting from the illegal activity.
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Trafficking or Cultivation of 21 to 51 Live Plants
If the alleged marijuana cultivation offense involves at least 21 live plants, but less than 51 live plants, the minimum mandatory sentence includes a three-year prisoner term and a fine up to $15,000, which can be increased to an amount that is sufficient to exhaust the assets used and the proceeds resulting from the illegal activity.
If the defendant has been convicted of another drug trafficking offense at the time of sentencing, the minimum mandatory sentence includes four years in prison and a $30,000 fine or an increased amount that is sufficient to exhaust the assets used and the proceeds resulting from the illegal activity.
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Trafficking or Cultivation of 51 Live Plants or More
If the alleged marijuana cultivation offense involves at least 51 live plants or more, the minimum mandatory sentence is a five-year prison term and a $50,000 fine that can be increased to an amount sufficient to cover the assets used and the proceeds resulting from the illegal activity.
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Penalties in Pennsylvania for a Previous Drug or Marijuana Trafficking Conviction
The minimum penalties and punishments double if the individual has any prior convictions for any other marijuana, controlled substance or drug trafficking offense that is defined under sections 13(a), (14), (30) or (37) of The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, or any similar offense under any statute in any state or the United States, whether or not judgment of sentence has been imposed concerning that offense.
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Skinner Law Firm | Marijuana Trafficking Lawyer in Pennsylvania
Contact the Skinner Law Firm today for a consultation about your alleged marijuana trafficking offense in Chester County, Pennsylvania, and the surrounding areas in Lancaster County, Montgomery County, and Delaware County. Michael J. Skinner is an experienced marijuana attorney in West Chester who will make every effort to help you find applicable defenses or mitigating factors to your particular situation. Contact the Skinner Law Firm at (267) 388-3476 for a consultation about your alleged marijuana offense in Pennsylvania.