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Marijuana Distribution

A criminal charge for distribution of marijuana is officially described as Possession with intent to deliver (PWID). This offense alleges that a suspect intended to cultivate, sell, or transport cannabis.

PWID charges can also be considered drug trafficking, and this may result in either state or federal charges. If convicted, the penalties for this offense can be incredibly harsh.

West Chester Marijuana Distribution Lawyer

If you were arrested for marijuana possession and are facing PWID charges in Pennsylvania, it is important for you to contact an experienced criminal defense attorney as soon as possible. Ciccarelli Law Offices represents clients throughout Chester County as well as surrounding areas in Delaware County, Lancaster County, Montgomery County, and Philadelphia County.

Our firm offers a free, confidential consultation to discuss your case and review your legal options. Call (610) 692-8700 today to see how we can help you achieve the most favorable outcome to your case.

Chester County Marijuana Distribution Information Center

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Factors That Determine Penalties for Marijuana Distribution in Pennsylvania

The sentence for a person convicted of PWID weed in Pennsylvania is determined by a number of factors, including:

  • Aggravating Factors — Circumstances such as a school zone violation, use of a deadly weapon, or sale to a minor by a seller over the age of 21 may be enhancements to PWID penalties
  • Offense Gravity Score (OGS) — Numeric point value ranging 1 to 14 (with 14 being the most serious) assigned to every crime in Pennsylvania
  • Prior Record Score (PRS) — Numeric point value assigned to a person’s criminal history, with eight categories being: Repeat Violent Offender (REVOC), Repeat Felony 1 and Felony 2 Offender (RFEL), and point-based categories of 0, 1, 2, 3, 4 and 5 (with 0 being the least serious)
  • Quantity — The weight of the pot or the number of marijuana plants possessed
  • Statutory Mandatory Minimums — People convicted of PWID marijuana offenses that exceed certain amounts or have multiple convictions may face mandatory minimum prison sentences, regardless of mitigating circumstances

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Chester County Marijuana Distribution Penalties

Under Pennsylvania Statute § 780-113, all PWID “marihuana” charges are unclassified felonies. The OGS, PRS, and possible fines and prison sentences depend on the amounts involved:

  • More than 1,000 pounds of pot or more than 5,000 cannabis plants —
    • OGS of 10
    • PRS of 3
    • Mandatory minimum sentence of five years in prison
    • Up to $100,000 in fines
  • At least 50 pounds but not more than 1,000 pounds of pot or at least 51 but not more than 5,000 cannabis plants —
    • OGS of 8
    • PRS of 2
    • Mandatory minimum sentence of five years in prison
    • Up to $50,000 in fines
  • At least 10 pounds but not more than 50 pounds of pot or at least 21 but not more than 50 cannabis plants —
    • OGS of 7
    • PRS of 2
    • Mandatory minimum sentence of three years for first offense, four years for second or subsequent offense
    • Up to $15,000 in fines for first offense, $30,000 for second or subsequent offense
  • At least one pound but not more than 10 pounds of pot or at least 10 but not more than 20 cannabis plants —
    • OGS of 5
    • PRS of 2
    • Except for cases involving fewer than two pounds, mandatory minimum sentence of one year for first offense, two years for second or subsequent offense; possible sentence of up to 30 days in prison for cases involving fewer than two pounds
    • Except for cases involving fewer than two pounds, up to $5,000 in fines for first offense, $10,000 for second or subsequent offense; possible fines of up to $500 for cases involving fewer than two pounds
  • Less than one pound of pot or less than 10 cannabis plants —
    • OGS of 3
    • PRS of 2
    • Up to 30 days in prison
    • Up to $500 in fines

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Federal Penalties for Marijuana Distribution

PWID charges involving large amounts of weed may be may be referred to as trafficking and subject to federal prosecution. In these cases, the penalties can be even more severe:

  • 1,000 or more kilograms of pot or 1,000 or more cannabis plants, first offense — Mandatory minimum sentence of 10 years, up to life sentence in prison. If cases involves death or serious injury, mandatory minimum sentence of 20 years, up to life sentence in prison. Up to $4 million fine for individuals, $10 million for non-individuals.
  • 1,000 or more kilograms of pot or 1,000 or more cannabis plants, second offense — Mandatory minimum sentence of 20 years, up to life sentence in prison. If cases involves death or serious injury, life sentence in prison. Up to $8 million fine for individuals, $20 million for non-individuals.
  • At least 100 kilograms up to 999 kilograms of pot or at least 100 cannabis plants up to 999 cannabis plants, first offense — Mandatory minimum sentence of five years, up to 40 years in prison. If cases involves death or serious injury, mandatory minimum sentence of 20 years, up to life sentence in prison. Up to $2 million fine for individuals, $5 million for non-individuals.
  • At least 100 kilograms up to 999 kilograms of pot or at least 100 cannabis plants up to 999 cannabis plants, second offense — Mandatory minimum sentence of 10 years, up to life sentence in prison. If cases involves death or serious injury, life sentence in prison. Up to $4 million fine for individuals, $10 million for non-individuals.
  • At least 50 kilograms up to 99 kilograms of pot, at least 50 cannabis plants up to 99 cannabis plants, or more than 10 kilograms of hashish, or more than one kilogram of hashish oil, first offense — Up to 20 years in prison. If cases involves death or serious injury, mandatory minimum sentence of 20 years, up to life sentence in prison. Up to $1 million fine for individuals, $5 million for non-individuals.
  • At least 50 kilograms up to 99 kilograms of pot, at least 50 cannabis plants up to 99 cannabis plants, or more than 10 kilograms of hashish, or more than one kilogram of hashish oil, second offense — Up to 30 years in prison. If cases involves death or serious injury, life sentence in prison. Up to $2 million fine for individuals, $10 million for non-individuals.
  • Less than 50 kilograms of pot, or 49 or fewer cannabis plants, or 10 kilograms or fewer of hashish, or one kilogram or less of hashish oil, first offense — Up to five years in prison. Up to $250,000 fine for individuals, $1 million for non-individuals.
  • Less than 50 kilograms of pot, or 49 or fewer cannabis plants, or 10 kilograms or fewer of hashish, or one kilogram or less of hashish oil, second offense — Up to 10 years in prison. Up to $500,000 fine for individuals, $2 million for non-individuals.

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Pennsylvania Defenses to Marijuana Distribution

Some possible defenses to PWID marijuana charges may include, but are not limited to:

  • Evidence obtained by entrapment
  • Evidence obtained through illegal search and seizure
  • Inaccurate or insufficient amount of pot
  • Weed belonged to a different person
  • You had no intent to distribute (“personal use” defense)
  • You were not aware of the cannabis

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Find the Best Marijuana Distribution Lawyer in West Chester

Are you facing PWID cannabis charges in Pennsylvania? Ciccarelli Law Offices represents clients all over Chester County including the greater Philadelphia area and surrounding areas.

You can take advantage of a free, no obligation consultation to have our criminal defense attorneys review your case. Call (610) 692-8700 to discuss your legal options with our firm and have us begin developing a strategy that helps you face the fewest possible punishments.

Contact Us Today