An individual can receive severe penalties if convicted of violating any drug trafficking offense defined under sections 13(a), (14), (30) or (37) of The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act. 18 Ps. Cons. Stat. § 7508 lists the mandatory minimum sentences and fines for an individual who is convicted of trafficking controlled substances in Pennsylvania. A mandatory minimum sentence is the lowest possible sentence a judge or jury can give to a convicted offender.
If you have been charged with trafficking controlled substances in West Chester, PA, Michael J. Skinner of the Skinner Law Firm will listen to the facts of your particular situation and make every effort to fight the allegations against you. Contact (610) 436-1410 for a consultation about your alleged drug crime today and speak directly with a former prosecutor about your case.
Section 7508 of Title 18 of the Pennsylvania Consolidated Statutes provides for mandatory minimum sentences for all trafficking offenses of drugs listed in Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act.
The following generally provides penalties for trafficking in certain amounts of controlled substances in Schedules I and II. Although Schedule I and II drugs in the Act include marijuana, heroin, cocaine, methamphetamines, amphetamines, methaqualone, and MDMA, trafficking offenses for these drugs are defined separately and have their own prohibited amounts and mandatory minimum penalties.
If the aggregate weight of the compound or mixture containing the substance prohibited in Schedule I or II is two to ten grams, a convicted individual can be sentenced to two years in prison and a fine up to $5,000. The fine may be higher to cover the proceeds resulting from the illegal drug activity.
If the defendant has previously been convicted of another drug trafficking offense at the time of sentencing, they can be sentenced to a minimum of three years in prison and a fine of $10,000. The fine may exceed this amount in order to cover the proceeds resulting from the illegal trafficking activity.
If the amount of narcotic drugs in Pennsylvania’s Schedule I or II being trafficked is at least ten grams but less than 100 grams, the alleged offender can face three years in prison if convicted, in addition to a $15,000 fine. The amount of the fine may be larger to exhaust any proceeds from the illegal trafficking or assets used in the trafficking.
If the convicted individual has previously been convicted of a separate trafficking offense at the time of sentencing, they can be sentenced to a lengthier minimum mandatory prison sentence of five years and a fine up to $30,000. The fine amount can increase in order to exhaust the assets in the offense and the proceeds arising from the trafficking offense.
If the aggregate amount of the controlled substance in Schedule I or II allegedly trafficked is at least 100 grams, the individual, if convicted, could be sentenced to at least five years in prison and a fine of $25,000. The amount of the fine can increase to cover the assets used in the trafficking offense and the proceeds resulting from the offense.
If the convicted individual has previously been convicted of another drug trafficking offense at the time of sentencing, they can receive a greater mandatory minimum sentence of seven years in prison and a $50,000 fine. The fine amount can increase to cover the assets used in the offense and the proceeds from the illegal activity.
According to Pennsylvania law, minimum penalties and punishments usually double if the individual has prior convictions for any other controlled substance or drug trafficking offense defined under sections 13(a), (14), (30) or (37) of Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act. Prior trafficking convictions can also include any similar offense under any other state’s statute or under any statute of the United States, whether or not the convicted individual has been sentenced regarding the prior offense.
Contact the Skinner Law Firm today for a consultation about your alleged drug trafficking offense in Chester County, Pennsylvania, and the surrounding areas in Lancaster County, Montgomery County, and Delaware County. Michael J. Skinner is an experienced drug attorney in West Chester who will make every effort to help you find applicable defenses or mitigating factors to your particular situation. Call (610) 436-1410 for a consultation about your alleged drug offense in Pennsylvania.