Pennsylvania Drug Distribution and Trafficking Laws

Pennsylvania Statutes

• PA ST. 35 P.S. §§ 780-101 through 780-144 (The Controlled Substance, Drug, Device and Cosmetic Act)
• PA ST 18 Pa. C.S.A. § 7508 (drug trafficking sentencing and penalties)
• PA ST 35 P.S. Section 780-104 (schedules of controlled substances)

A person who engages in the following activities violates Pennsylvania’s controlled substances laws:

• Selling, delivering, holding, or offering to sell a controlled substance, drug, device, or cosmetic that is adulterated or misbranded (§ 780-113(a)(1))
• Selling or dispensing a controlled substance, drug, device, or cosmetic with the knowledge that the trademark, trade name, or other identifying mark, imprint, or symbol is placed on it with the intent to defraud (§ 780-113(a)(7-8))
• The retail sale of a nonproprietary drug (except by a registered pharmacist in a licensed pharmacy or by a practitioner) (§ 780-113(a)(10))
• Selling, dispensing, distributing, prescribing, or gifting a controlled substance by a practitioner to any person who they know or have reason to know is a drug-dependent person (unless the practitioner prescribes or otherwise gives the drug to them to cure or treat something other than drug dependency) (§ 780-113(a)(13))
• A practitioner or professional assistant can only administer, dispense, deliver, gift, or prescribe a controlled substance if they do so in good faith in the course of the professional practice, within the scope of the patient relationship, and under treatment principles (§ 780-113(a)(14))
• The retail sale or dispensing of a Schedule II, III, or IV controlled substance to any person (unless the person who sold or dispensed it did so upon the written or oral prescription of a person licensed to prescribe it; this subsection does not apply to a licensed practitioner who keeps purchase and dispensing record regarding the date, name, and quantity of the drug dispensed, along with the patient’s information) (§ 780-113(a)(15))
• A practitioner authorized by law to dispense a controlled substance and who does so without affixing a label bearing the practitioner’s name and address, the date dispensed, the patient’s name, and the drug’s directions (§ 780-113(a)(17))
• A pharmacy or distributor of a controlled substance or other drug that sells it without a label stating the drug’s name and proportion or amount (unless the practitioner specifically directs them to do so in writing) (§ 780-113(a)(18))
• A registrant who knowingly distributes a controlled substance to another registrant or other authorized person when their registration does not authorize them to distribute it (§ 780-113(a)(25))
• A registrant who knowingly distributes a Schedule I or II controlled substance (except pursuant to an order form as required by the Controlled Substance, Drug, Device and Cosmetic Act) (§ 780-113(a)(26))
• Using a registration number in the course of distributing a controlled substance that is fictitious, revoked, suspended, or issued to another person (§ 780-113(a)(27))
• Delivering or possessing a controlled substance with the intent to deliver (PWID) it by a person who is not registered to deliver or possess it (§ 780-113(a)(30))
• Possessing a small amount of marijuana for personal use or with the intent to distribute it (but not to sell it). A small amount is 30 grams of marijuana (or eight grams of hashish) (§ 780-113(a)(31))
• Delivering (or possessing with the intent to deliver) drug paraphernalia while knowing (or under circumstances where one should reasonably know) that a person would use it to plant, cultivate, manufacture, produce, or store a controlled substance or ingest, inhale, or introduce it into the human body (§ 780-113(a)(33))
• Distributing, possessing with the intent to distribute, or selling a noncontrolled substance that has a stimulant or depressant effect (other than a prescription drug) that substantially resembles a specific controlled substance (§ 780-113(a)(35))
• Knowingly distributing (or possessing with the intent to distribute) a designer drug (§ 780-113(a)(36))
• Anyone who is at least 21 years old and is not a drug-dependent person who unlawfully distributes a controlled substance to someone who is under 18 years old and is at least four years younger than them(§ 780-114)

Upon conviction for violating the following laws, these criminal penalties apply:

Manufacturing and sale of certain controlled substances:

• First offense: Up to one year of imprisonment and a fine of up to $5,000
• Subsequent drug offense: Up to three years of imprisonment and a fine of up to $25,000

Selling controlled substances with misleading or fraudulent markings:

• First offense: Up to three years of imprisonment and a fine of up to $5,000
• Subsequent drug offense: Up to three years of imprisonment and a fine of up to $25,000

Selling counterfeit controlled substances:

• If the controlled substance involved was a Schedule I or II narcotic drug: Up to 15 years of imprisonment and a fine of up to $250,000
• If the controlled substance involved was PCP, methamphetamine, cocaine, or over 1,000 pounds of marijuana: Up to 10 years of imprisonment and a fine of up to $100,000
• If the controlled substance involved was any other Schedule I, II, or III drug: Up to five years imprisonment and a fine of up to $15,000
• If the controlled substance involved was a Schedule IV drug: Up to three years of imprisonment and a fine of up to $10,000
• If the controlled substance involved was a Schedule V drug: Up to one year of imprisonment and a fine of up to $5,000
• Per § 780-114, any person who is at least 21 years old and is not a drug-dependent person who is convicted of unlawfully distributing a controlled substance to someone who is under 18 years old and is at least four years younger than them is punishable by up to twice that of the above-noted term of imprisonments.

Illegal manufacturing or distributing by a registrant:

• Up to three years of imprisonment and a fine of up to $25,000

Small amounts of marijuana:

• Up to 30 days of imprisonment and/or a fine of up to $500

Drug paraphernalia:

• Up to one year of imprisonment and a fine of up to $2,500
• If the person delivered drug paraphernalia to someone under 18 years old and who is three or more years younger than the person: Up to two years of imprisonment and a fine of up to $5,000

Other stimulants or depressants:

• Up to five years of imprisonment and a fine of up to $10,000

Designer drugs:

• Up to fifteen years of imprisonment and a fine of up to $250,000

Notwithstanding the above criminal penalties, 18 Pa. C.S.A. § 7508 imposes mandatory minimum sentences and fines for convictions. Some of these mandatory sentences are noted below.

If the crime involved marijuana:

• At least two pounds but less than 10 pounds or at least 10 but less than 21 live plants:
  • First conviction: Up to one year of imprisonment and a fine of up to $5,000
  • Subsequent drug trafficking conviction: Up to two years of imprisonment and a fine of up to $10,000
• At least 10 pounds but less than 50 pounds or at least 21 but less than 51 live plants:
  • First conviction: Up to three years of imprisonment and a fine of $15,000
  • Subsequent drug trafficking conviction: Up to four years of imprisonment and a fine of up to $30,000
• Over 50 pounds of marijuana or over 51 live plants): Up to five years of imprisonment and a fine of up to $50,000

If the crime involved a Schedule I or II narcotic drug (or a mixture containing a controlled substance that is a narcotic):

• Between two to 10 grams:
  • First conviction: Up to two years of imprisonment and a fine of up to $5,000
  • Subsequent drug trafficking conviction: Up to three years of imprisonment and a fine of up to $10,000
• Between 10 grams to 100 grams:
  • First conviction: Up to three years of imprisonment and a fine of up to $15,000
  • Subsequent drug trafficking conviction: Up to five years of imprisonment and a fine of up to $30,000
• Over 100 grams:
  • First conviction: Up to five years of imprisonment and a fine of up to $25,000
  • Subsequent drug trafficking conviction: Up to seven years of imprisonment and a fine of up to $50,000

If the crime involved cocaine:

• Between two grams to 10 grams:
  • Up to one year in prison and a fine of up to $5,000
  • Subsequent drug trafficking conviction: Up to three years of imprisonment and a fine of up to $10,000
• Between 10 to 100 grams:
  • First conviction: Up to three years in prison and a fine of up to $15,000
  • Subsequent drug trafficking conviction: Up to five years in prison and a fine of up to $30,000
• Over 100 grams:
  • First conviction: Up to four years in prison and a fine of up to $25,000
  • Subsequent drug trafficking conviction: Up to seven years in prison and a fine of up to $50,000

If the drug crime involved methamphetamine or phencyclidine:

• Between five to 10 grams
  • First conviction: Up to three years in prison and a fine of up to $15,000
  • Subsequent drug trafficking conviction: Up to five years of imprisonment and a fine of up to $30,000
• Between 10 to 100 grams:
  • First conviction: Up to four years in prison and a fine of up to $25,000
  • Subsequent drug trafficking conviction: Up to seven years of imprisonment and a fine of up to $50,000
• Over 100 grams:
  • First conviction: Up to five years in prison and a fine of up to $50,000
  • Subsequent drug trafficking conviction: Up to eight years of imprisonment and a fine of up to $50,000