Free Consultation:
610-436-1410
Free Consultation:
610-436-1410West Chester
If you have been charged with trafficking marijuana in Chester County or Delaware County, West Chester drug lawyer 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.
Call (610) 436-1410 for a consultation about your charges today and speak directly with a former prosecutor.
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, although a sentence may be credited with time served.
If the alleged marijuana trafficking offense involves at least 2 pounds, but less than 10 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.
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.
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.
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.
According to 18 Pa. Cons. Stat. § 7508, cultivating marijuana is subject to certain minimum sentences and fines, depending on the weight of the marijuana or the number of live plants. However, the court can sentence a convicted offender to penalties that are greater than the statutory minimum mandatory provisions.
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. In many instances, the total weight of the actual marijuana which would have been sold is significantly less than what an offender is prosecuted for.
If a person is charged with growing or cultivating marijuana, and the amount is at least ten live plants, but less than 21 live plants, the alleged offender could face at least one year in prison and a $5,000 fine. The amount of the fine can increase to an amount equal to the proceeds resulting from the illegal activity.
If the defendant has previously been convicted of any other drug, marijuana or controlled substance trafficking or cultivation offense their minimum mandatory penalties will increase upon sentencing. A second offense is punishable by a minimum prison sentence of two years and a $10,000 fine. The fine amount may increase to an amount equal to the proceeds resulting from the illegal activity.
If a person is charged with growing or cultivating marijuana, and the amount is at least 21 live plants, but less than 51 live plants, the alleged offender could face at least three years in prison and a $15,000 fine. The amount of the fine may increase in order to equal the proceeds resulting from the illegal marijuana growing activity.
If the defendant has previously been convicted of any other drug, marijuana or controlled substance trafficking or cultivation offense their minimum mandatory penalties will increase upon sentencing. A second offense is punishable by a minimum prison sentence of four years and a $30,000 fine.
The fine amount can possibly be increased to an amount equal to the proceeds resulting from the illegal marijuana activity.
If a person is charged with growing or cultivating marijuana involving at least 51 live plants, the alleged offender could face at least five years in prison and a $50,000 fine. The amount of the fine may increase in order to equal the proceeds that resulted from the illegal marijuana growing activity.
If a person is charged with growing or cultivating marijuana, and the amount is at least two pounds but less than ten pounds, the alleged offender could face at least one year in prison and a fine up to $5,000. The amount of the fine may increase to an amount equal to the proceeds resulting from the illegal marijuana activity.
If the defendant has previously been convicted of any other drug, marijuana or controlled substance trafficking or cultivation offense their minimum-maximum penalties will increase upon sentencing. A second or subsequent offense is punishable by at least two years in prison a fine of $10,000. The amount of the fine may increase to an amount equal to the proceeds that resulted from the illegal activity.
If a person is charged with growing or cultivating marijuana, and the amount is at least ten pounds, but less than 50 pounds, the alleged offender could face a minimum of three years in prison and a fine of $15,000. The amount of the fine may increase to the amount that equals the proceeds resulting from the illegal marijuana activity.
If the defendant has previously been convicted of any other drug, marijuana or controlled substance trafficking or cultivation offense, their minimum-maximum penalties will increase upon sentencing. A second offense is punishable by a minimum of four years in prison and a fine of $30,000. The fine amount can be increased to an amount that equals the proceeds resulting from the illegal marijuana activity.
If an individual is charged with allegedly growing or cultivating marijuana involving at least 50 pounds, the alleged offender could face a minimum sentence of five years in prison and a fine of $50,000. The fine amount may increase in order to an amount equal to the proceeds resulting from the illegal marijuana growing activity.
The minimum penalties and punishments for cultivating marijuana offenses basically double if the individual has any prior convictions for a drug, controlled substance or marijuana trafficking or cultivation offense.
These offenses are listed in sections 13(a), (14), (30) or (37) of The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, and can also include similar offenses under another state’s statute or any statute of the United States, whether or not a sentence has been imposed regarding the prior offense.
Contact the Skinner Law Firm at (610) 436-1410 today for a consultation about your alleged marijuana trafficking offense in Chester County or 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.