Drug Crimes and Subsequent Mandatory Minimum Sentences

Did you know that there are separate sentences for federal and state drug charges?

A mandatory minimum sentence sets the minimum amount of time a convict should serve in prison. When it comes to drug possession and trafficking, the detainee has to face the minimum sentence in Pennsylvania, along with some hefty fines as well.

However, the sentences depend on whether the crime was committed within the state borders or federal lines. Besides that, the sentences also depend on the amount of the drug the convict was possessing.

If you, or someone you care for, has been charged with a drug crime, the consequences can be life-altering! So, it’s best to seek help from expert Pittsburgh criminal lawyers to protect your rights and reputation!

Why Were Mandatory Minimum Sentences Considered Disproportionate?

Honestly, the minimum mandatory sentencing laws were aimed at capturing serious drug manufacturers and traffickers.

But these minimum sentences ultimately turned out to be unnecessarily lengthy for small-timers and minor offenders. As a result, the Human Rights Watch, along with other human rights organizations, strongly criticized these laws. Added to that, they also called the laws as being ‘grossly disproportionate’ to the crime, and demanded repeal.

And this isn’t some made-up story! Reports from the U.S Sentencing Commission state that a whopping 20,115 federal drug offenders were convicted and put to prison in FY 2015. Among them, almost half of the detainees were subject to minimum mandatory sentence offenses.

Now, according to the Commission’s reports, the overall average sentence for these offenders was 124 months (more than a decade). However, the ones who got detained for federal drug charges, which did not have mandatory minimum penalties, were given just 39 months of sentence!

Federal and State Sentencing: The Differences

Generally, if agencies like the FBI, DEA, etc., are in charge of a drug crime investigation, it falls under the jurisdiction of the federal court. Along with that, if someone commits a crime outside the state borders, it automatically becomes a federal offense. Most importantly, federal sentencing happens to be more stringent than the state-wide statutes.

That being said, let’s take a look at Pennsylvania statutes and federal statutes to understand the differences.

So, under Pennsylvania law, if you are caught possessing marijuana, here are the penalties that you are about to face-

Minimum 2 pounds but less than 10 pounds, or more than 10 and less than 21 live plants

• First-time convictions- up to 1 year of imprisonment, and fines up to $5,000.
• Subsequent convictions- up to 2 years of imprisonment, and fines up to $10,000.

Minimum 10 pounds but less than 50 pounds, or more than 21 but less than 51 live plants

• First-time convictions- up to 3 years of imprisonment, and fines up to $15,000.
• Subsequent convictions- up to 4 years of imprisonment, and fines up to $30,000.

Over 50 pounds, or exceeding 51 live plants

• Up to 5 years of imprisonment, and fines of up to $50,000.

Have you been charged with marijuana possession? Well, more than the sentences and fines, you will have to carry the burden of a criminal record on your shoulders, which can ruin your future in ways you can’t even imagine! So, make sure to have an expert Pittsburgh criminal lawyer by your side.

Now, if you are caught with trafficking marijuana across state lines, remember that federal sentences are much harsher. So, here are the sentences that you will be subjected to

• If you’re caught trafficking less than 50 kilos of marijuana, and you’re a first-time offender, you get up to 5 years of imprisonment and a fine of up to $250,000. Subsequent offenses attract up to 10 years of imprisonment and up to $500,000 fines.
• If you’re caught trafficking from 50- 99 kilos of marijuana, and you’re a first-time offender, you get up to 20 years of imprisonment and a fine of up to $1,000,000.
• If you’re caught trafficking from 100- 999 kilos of marijuana, you get a minimum 5-year imprisonment, which might extend up to 40 years, and a fine of up to $5,000,000.
• If you’re caught trafficking 1,000 kilos of marijuana or more, you get a minimum imprisonment sentence of 10 years, which may extend to a life sentence. Subsequent offenses call for a minimum of 20 years of imprisonment.

Drug-related offenses are taken very seriously in Pennsylvania. And it carries life-long consequences. So, if you’ve been charged with marijuana trafficking or possession, make sure to call a Pittsburgh criminal lawyer for a solid defense strategy.

Also, remember that regardless of the circumstances of the arrest, the U.S Constitution grants you the right to have an experienced Pittsburgh criminal lawyer by your side. Hence, don’t think that you have lost all hope! Instead, call us at the Logue Law Group at 844.PITT.DUI and schedule a free consultation ASAP!