If Pennsylvania prosecutors charge you with possession with intent to deliver (PWID), your potential minimum sentence depends on the drug in question, the amount allegedly in your possession, your prior criminal history, and other factors. There’s no one-size-fits-all sentence in these cases, which is one crucial reason to hire a Lancaster, PA, drug delivery defense lawyer. Your attorney can help you understand your charges, the possible penalties, and defense strategies to help you avoid the worst outcome.
- The Pennsylvania Drug Schedule System
Understanding the Pennsylvania drug schedule system is essential if you face charges for PWID. That’s because the minimum sentence for a drug delivery conviction varies widely depending on which category the drug belongs to under the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act. The state groups drugs into five categories called “schedules” based on their potential for abuse and accepted medical use:
- Schedule I – High abuse risk, no accepted medical use (e.g., marijuana, heroin, LSD, MDMA)
- Schedule II – High abuse potential but limited acceptable medical uses (e.g., cocaine, methamphetamine, oxycodone)
- Schedule III – Moderate to low potential for dependence (e.g., ketamine, anabolic steroids, some codeine combinations)
- Schedule IV – Lower abuse risk, widely prescribed (e.g., Xanax, Valium, Ativan)
- Schedule V – Lowest abuse potential, often over-the-counter with restrictions (e.g., cough syrups with low doses of codeine)
- Possible Penalties for Pennsylvania Drug Delivery Charges
Along with the drug itself and which schedule it belongs to, the other critical factor in Pennsylvania drug delivery cases is the amount of the drug in your possession. The higher the amount, the higher the penalties. Based on these factors, the potential sentences for PWID charges in Pennsylvania can range considerably.
For Schedule I & II Drugs:
- 2 to 10 Grams – Minimum two years imprisonment and $5,000 fine
- 10 to 100 Grams – Minimum three years imprisonment and $15,000 fine
- 100 Grams or More – Minimum five years imprisonment and $25,000 fine
For cocaine and derivatives:
- 2 to 10 Grams – Minimum one year imprisonment and $5,000 fine
- 10 to 100 Grams – Minimum three years imprisonment and $15,000 fine
- 100 Grams or More – Minimum four years imprisonment and $25,000 fine
For methamphetamine:
- 5 to 10 Grams – Minimum three years imprisonment and $15,000 fine
- 10 to 100 Grams – Minimum four years imprisonment and $25,000 fine
- 100 Grams or More – Minimum five years imprisonment and $50,000 fine
For amphetamines (e.g., Adderall):
- 5 Grams or More – Minimum 2.5 years imprisonment and $15,000 fine
For MDMA (Ecstasy) and related substances:
- 50 to 99 Tablets or 15 to 29 Grams – Felony; up to five years imprisonment and $15,000 fine
- 100 to 999 Tablets or 30 to 299 Grams – Felony; up to 10 years imprisonment and $100,000 fine
- 1,000 Tablets or More, or 300 Grams or More – Felony; up to 15 years imprisonment and $250,000 fine
For marijuana:
- 2 to 10 Pounds or 10 to 20 Plants – Minimum one year imprisonment and $5,000 fine
- 10 to 50 Pounds or 21 to 50 Plants – Minimum three years imprisonment and $15,000 fine
- 50 Pounds or More, or 51 Plants or More – Minimum five years imprisonment and $50,000 fine
- Contact Our Lancaster, PA, Drug Delivery Defense Attorneys
Chieppor & Egner LLC deeply understands Pennsylvania’s drug delivery laws and can provide the robust defense you need. We can challenge the arrest leading to your arrest, show how you did not possess the drugs in question, or find other strategies to help you avoid the worst outcomes. Call now or complete our contact form for a free consultation.
