Marijuana Trafficking Lawyer Chester County
It is important to understand the impact of delivery, trafficking or possession with intent to deliver of marijuana charges in Pennsylvania. The difference between an individual facing misdemeanor possession charges and felony charges of delivery or intent to delivery is often the difference of a police officer or district attorney’s judgement call and a few feet.
Attorneys Ready to Fight Your Drug Delivery Charges
Marijuana delivery charges are seriously punished and impact many more actions than the stereotyped corner drug dealer. Under Pennsylvania law, a delivery is the “actual, constructive, or attempted transfer from one person to another of a controlled substance, other drug, device or cosmetic whether or not there is an agency relationship. What that means is that a college student at Villanova or Penn State or West Chester University “shares” his marijuana joint with another, he is in fact “delivering” marijuana. Pennsylvania’s marijuana delivery charges do not require the transfer of money or services.
Drug trafficking is often a criminal charge that people associate with drug dealing, but alleged offenders can face trafficking charges simply for possessing more than a certain amount of a controlled substance. In Pennsylvania, possession of more than two pounds of marijuana may result in a person facing drug trafficking charges.
Lawyer for Marijuana Trafficking Charges in West Chester, PA
If you were arrested or believe that you might be under investigation for an alleged marijuana trafficking offense, it is in your best interest to exercise your right to remain silent until you have legal representation.
Ciccarelli Law Offices aggressively defends people facing all kinds of cannabis charges in Radnor, Springfield, Kennett Square, King of Prussia, Lancaster, Malvern, Philadelphia, Plymouth Square, and several other nearby areas in Chester County.
Our West Chester criminal defense attorneys can fight to possibly get your criminal charges reduced or dismissed. They can provide a complete evaluation of your case when you call (610) 692-8700 to receive a free, confidential consultation.
Marijuana trafficking crimes in Pennsylvania carry the possibility of mandatory minimum prison sentences and fines for those who are, unfortunately, convicted. Certain kinds of marijuana trafficking offenses can even result in federal charges, which are prosecuted by agencies with greater resources and carry much steeper penalties.
Often the police and or prosecutors will try to proof a Felony County of PWID but using items that they may have found on the defendant, on his person, or in his vehicle, such as sales, baggies or money to show that he was a drug dealer. When facing prosecution for marijuana drug delivery charges in Chester County or throughout Philadelphia, it is important to have an experienced and aggressive attorney to fight for your rights, contest the prosecution’s evidence and suppress any illegally obtained evidence from an illegal search or illegal interrogation. Get help now and contact us for an initial consult.
Penalties for Marijuana Trafficking in Chester County
Delivery of Marijuana carries Significant Penalties including:
- Jail time including mandatory minimum sentences;
- Impact on your family, your job and your future;
- A permanent criminal record for your marijuana offense
- Loss of drivers license privileges
- Parole or probation and fines
- Marijuana Simple Distribution (30g or less without monetary exchange) (Misdemeanor) – punishable up to thirty days/$500.00
- Marijuana PWID (Sale, Delivery or Distribution) 1,000 lbs or less of marijuana is a felony – punishable from one to three years in Pennsylvania State Prison, up to statutory maximum of five years and fines from $5000.00 to $25,000.00
- Marijuana PWID (Sale, Delivery or Distribution) of more than 1,000 lbs of marijuana is a felony punishable by up to 10 years in state prison, and a fine up to $100,000.
- School Zone Violation: Marijuana PWID (Sale, Delivery or Distribution) marijuana within 1,000 ft of a school, or within 250 ft. of a recreational playground – punishable by two to four years in prison.
- Marijuana PWID to Minor (Sale, Delivery or Distribution) of marijuana to a minor when the seller is over the age of 21 is felony – double the possible penalties for the amount of marijuana sold.
Marijuana Delivery Sentencing Guidelines
Any second or subsequent marijuana offense conviction can increase the penalties to twice those for first time offenders. A prior drug conviction can carry a minimum mandatory prison sentence of Three years for convicted PWID Marijuana charges.
Distribution of 30g or less of marijuana for no remuneration is a misdemeanor punishable by up to 30 days in jail and a fine of up to $500.
Sale of less than 1,000 lbs. is a felony punishable by up to 3 years in jail and a $25,000 fine. If the offender has a prior drug conviction, then the mandatory sentence is 3 years and the mandatory fine will be $25,000. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.
Selling 2-10 lbs. of marijuana carries a mandatory minimum sentence of 1 year in jail and a $5,000 fine. These penalties are doubled if the conviction is a second or subsequent drug offense or if the sale is to a minor. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.
Sale of more than 1,000 lbs. is a felony with a maximum penalty of 10 years in prison and a $100,000 fine. These penalties are doubled if the conviction is a second or subsequent drug offense or if the sale is to a minor. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.
Delivery of marijuana within 1,000 ft of a school or within 250 ft. of recreational playground is punishable by 2-4 years in prison.
Distribution to a minor by one over the age of 21 is a felony and brings doubled penalties upon conviction.
Chester County Marijuana Trafficking Charges Information Center
- What are the consequences of a marijuana trafficking conviction in state court?
- How are Federal Charges Different for cannabis trafficking crimes?
- Where can I find more information about marijuana trafficking charges in West Chester?
Pennsylvania Marijuana Trafficking Penalties
Pennsylvania Consolidated Statute § 7508(a)(1) establishes the following mandatory minimum terms of imprisonment and fines for drug trafficking offense involving marijuana:
|Amount of Marijuana||First Conviction||Second or Subsequent Conviction|
|2 pounds or more but less than 10 pounds, or at least 10 live plants but less than 21 live plants||Minimum of one year in prison and a fine of $5,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity||Minimum of two years in prison and a fine of $10,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity|
|10 pounds or more but less than 50 pounds, or at least 21 live plants but less than 51 live plants||Minimum of three years in prison and a fine of $15,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity||Minimum of four years in prison and a fine of $30,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity|
|50 pounds or more, or at least 51 live plants||Minimum of five years in prison and a fine of $50,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity||Minimum of five years in prison and a fine of $50,000 or such larger amount as is sufficient to exhaust the assets utilized in and the proceeds from the illegal activity|
Federal Marijuana Trafficking Penalties
Criminal cases involving illegal activities that cross state lines will often implicate federal agencies. The federal government imposes different penalties for marijuana offenses than crimes involving “hashish” or hashish oil.
The term marijuana often refers to dried herbal cannabis, but hashish is an extracted cannabis product composed of compressed or purified preparations of trichomes—the outgrowths on cannabis plants. Marijuana trafficking and hashish trafficking offenses are punishable as follows under federal law (1 kilogram is equal to a little more than 2.2 pounds):
|Controlled Substance||Amount||Prison Sentence||Fine|
|Marijuana||Less than 50 kilograms marijuana (not including 50 or more marijuana plants, regardless of weight), or 1 to 49 marijuana plants||First Offense: Up to five years in prison.|
Second Offense: Up to 10 years in prison.
|First Offense: Up to $250,000 for individuals, $1 million for non-individuals.|
Second Offense:Up to $500,000 for individuals, $2 million for non-individuals.
|Hashish||10 kilograms or less|
|Hashish Oil||1 kilogram or less|
|Marijuana||50 to 99 kilograms marijuana mixture, or 50 to 99 marijuana plants||First Offense: Up to 20 years in prison. If case involves death or serious bodily injury, mandatory minimum of 20 years up to life in prison.|
Second Offense: Up to 30 years in prison. If case involves death or serious bodily injury, mandatory life sentence.
|First Offense: Up to $1 million for individuals, $5 million for non-individuals.|
Second Offense:Up to $2 million for individuals, $10 million for non-individuals.
|Hashish||More than 10 kilograms|
|Hashish Oil||More than 1 kilogram|
|Marijuana||100 to 999 kilograms marijuana mixture, or 100 to 999 marijuana plants||First Offense: Mandatory minimum of five years up to 40 years in prison. If case involves death or serious bodily injury, mandatory minimum of 20 years up to life in prison.|
Second Offense: Mandatory minimum of 10 years up to life in prison. If case involves death or serious bodily injury, mandatory life sentence.
|First Offense: Up to $5 million for individuals, $25 million for non-individuals.|
Second Offense:Up to $8 million for individuals, $50 million for non-individuals.
|Marijuana||1,000 kilograms or more marijuana mixture, or 1,000 or more marijuana plants||First Offense: Mandatory minimum of 10 years up to life in prison. If case involves death or serious bodily injury, mandatory minimum 20 years up to life in prison.|
Second Offense: Mandatory minimum of 20 years up to life in prison. If case involves death or serious bodily injury, mandatory life sentence.
|First Offense: Up to $10 million for individuals, $50 million for non-individuals.|
Second Offense:Up to $20 million for individuals, $75 million for non-individuals.
Pennsylvania Marijuana Trafficking Resources
Report a tip by phone or online | Pennsylvania State Police — In 1999, the Pennsylvania State Police set up a tip line for residents to report drug traffickers in their neighborhoods. In addition to the Drug Trafficking Tip Line (1-877-PA-NODRUGS), you can also find several other ways to provide information to law enforcement authorities. Most programs allow tips to be submitted anonymously.
Philadelphia/Camden High Intensity Drug Trafficking Area (HIDTA) Drug Market Analysis 2011 — The Philadelphia/Camden High Intensity Drug Trafficking Area (PC HIDTA) is funded by the Office of National Drug Control Policy (ONDCP) and sponsors a variety of law enforcement initiatives that target the region’s illicit drug threats. View the full text of this report which found, “Marijuana availability and abuse pose considerable threats to the PC HIDTA region.” Nearly $3 million in marijuana was seized in the PC HIDTA region in 2010, according to the report.
Ciccarelli Law Offices | West Chester Marijuana Trafficking Charges Defense Attorney
Do you think that you could be under investigation or were you already arrested for allegedly trafficking in cannabis in southeastern Pennsylvania? Do not say anything to authorities without first contacting Ciccarelli Law Offices.
Our criminal defense lawyers in West Chester represent individuals in communities all over Lancaster County, Montgomery County, Chester County, Delaware County, and the greater Philadelphia area. You can have our attorneys review your case and answer all of your legal questions when you call (610) 692-8700 or fill out an online contact form to schedule a free, confidential consultation.
Contact Our Marijuana Trafficking Attorney in Philadelphia
Contact our team of defense attorneys at Ciccarelli Law Offices when you need an experienced lawyer to fight your Marijuana related delivery or trafficking charge. We look forward to fight for your rights before, during and after an arrest. Our reputation for successful defense strategy and tactics coupled with one-one-one client interaction makes us the Pennsylvania defense attorneys of choice for individuals facing serious felony criminal charges.
We represent clients charged with the following offenses:
- Possession with Intent to Deliver Marijuana
- Sale or Delivery of Marijuana
- Delivery of Marijuana by a College Student
- Delivery or sale of Marijuana by a high school student
- Sale of Marijuana in a School Zone
The drug defense attorneys at Ciccarelli Law offices fight for our clients and their families facing serious drug related charges in Pennsylvania. Our Philadelphia criminal defense lawyers have been handling drug cases for over 30 years and we have helped our clients avoid having these charges lead to serious jail time.
For more information or to schedule a free case evaluation with a member of our criminal defense team, contact our office at (610) 692-8700 or toll free at (877) 529-2422. You’ve got nothing to lose!