Defending Against Drug Trafficking Charges in Pennsylvania

Drug trafficking involves the illegal production, distribution or sale of controlled substances. It is classified under both state and federal law, with severe penalties for those convicted. The following is  a breakdown of how drug trafficking is defined in Pennsylvania, along with possible penalties and available defenses.

Drug trafficking in Pennsylvania is largely defined by the type and quantity of controlled substance involved. Pennsylvania follows the system created by the federal Controlled Substances Act, categorizing drugs into five schedules based on their potential for abuse and accepted medical use. Commonly trafficked drugs include heroin, cocaine, methamphetamine, fentanyl, marijuana and prescription medications.

The distinction between drug trafficking and simple possession depends on the amount of drugs involved and the surrounding circumstances. Having large quantities of a controlled substance, packaging materials, large sums of cash or drug paraphernalia such as scales may signal intent to distribute. If these factors are present, prosecutors will likely charge drug trafficking.

Penalties for drug trafficking in Pennsylvania vary based on the type and quantity of the drug, the defendant’s prior criminal history and whether the offense occurred in certain protected areas.

Heroin or cocaine trafficking can draw the following penalties:

• 2 to 10 grams — Mandatory minimum sentence of two years in prison and fines up to $5,000.
• 10 to 100 grams — Mandatory minimum of three years in prison and fines up to $15,000.
• More than 100 grams — Mandatory minimum of five years in prison and fines up to $25,000.

Marijuana trafficking carries penalties that are generally less severe but still substantial. Trafficking less than 30 grams is treated as a misdemeanor, with up to 30 days in jail and a $500 fine. For larger quantities, penalties escalate significantly. Trafficking more than 50 pounds can draw up to five years in prison and fines reaching $100,000. 

Trafficking near protected areas increases penalties significantly. Convictions for drug trafficking near schools can result in an additional two-year mandatory minimum sentence.

Effective defense against drug trafficking charges often comes down to showing that the controlled substance in question was not meant for distribution. The amount in possession is compelling but not conclusive evidence of intent. The defendant’s past criminal history and other circumstantial factors can be taken into account. The defendant can also raise common defenses such as mistaken identity and unlawful search and seizure. A strong defense can often bring reduction of charges.

Drug trafficking is a serious offense in Pennsylvania, carrying steep penalties that can include long prison sentences and significant fines. Anyone facing such charges should consult with skilled drug crimes defense attorney to protect their rights and determine their legal options.

David Jay Glassman in Philadelphia has deep experience defending people in Pennsylvania drug crime cases. Call us today at 215-563-7100 or contact us online for your free consultation.