If you are facing a Possession with Intent to Deliver, PWID, you face very serious charges and may be prosecuted by both Pennsylvania and U.S. Federal courts. It is a much more serious charge than simple possession of drugs. A PWID charge means that the arresting officers were under suspicion that the accused was selling, manufacturing, transporting, cultivating or distributing illegal narcotics or illegal controlled substances for anything other than personal use.

The quantity of the drugs you were charged with plays a key role in whether you are charged with simple possession of drugs or PWID drugs. PWID has much harsher penalties than simple possession charges.

PWID Charge

In Pennsylvania drugs are separated into schedules based on the level of risk or addiction level. The penalties for illegal drugs may depend on what schedule they fall under. For instance, heroin and marijuana are both Schedules I drugs in Pennsylvania because they have no approved medical usage.

Depending on several factors including the quantity of the drugs, you may be charged by both Pennsylvania prosecutors and Federal prosecutors.

Minimum Sentencing Guidelines for PWID Drug Charges

Below are minimum sentencing guidelines for PWID drugs in both Pennsylvania and U.S. Federal Courts. The fines and sentencing increase if another illegal activity is involved, if the drugs were sold in a school zone or if there are multiple offenses.

Marijuana – PWID Sentencing

Being convicted of PWID of marijuana of over 30 grams is a felony in Pennsylvania.

  • Less than 30 grams of marijuana, first offense: You face the same charges as a simple possession of marijuana in PA(under 30 grams).
  • Over 30 grams and less than two pounds of marijuana: Depending on how many offenses, you could face a prison sentence of one to three years and a fine of $5,000-$25,000. Other sentencing factors may apply.

First offense PWID Marijuana in Pennsylvania:

  • Two to under ten pounds or 10 to 20 live plants: A minimum of one year in prison and $5,000 fine
  • Ten to 49 pounds of marijuana or 21 to 50 live plants: A minimum of three years in prison and a $15,000 fin
  • Over 50 pounds of marijuana or over 51 live plants: A minimum of five years in prison and a $50,000 fine

Heroin – PWID Sentencing

Being convicted on PWID heroin is a felony that will remain on your criminal record.

The first offense of PWID heroin conviction in Pennsylvania:

  • One to five grams: A mandatory minimum of two years in prison and a $5,000 fine
  • Over five grams, up to 50 grams: A mandatory minimum three years in prison and a $15,000 fine
  • Over 50 grams: A mandatory minimum of five years in prison and a $25,000 fine

Methamphetamine – PWID Sentencing

PWID methamphetamine conviction is a felony that will remain on your criminal record.

  • Five grams to under ten grams: A mandatory minimum of three years in prison
  • Ten grams to under 100 grams: A mandatory minimum of four years in prisonOver 100 grams: A mandatory minimum of five years in prison

Cocaine and Crack Cocaine PWID Sentencing

Cocaine conviction is a felony that will remain on your criminal record.

First offense of PWID Cocaine Conviction in Pennsylvania:

  • Less than two grams cocaine: A minimum of one year in prison and a $5,000 fine
  • Over five grams of crack cocaine: A minimum of five years in prison
  • Two to ten grams cocaine: A minimum of two years in prison and a $5,000 fine
  • Over ten grams to 100 grams of cocaine: A minimum of three years in prison
  • Over 100 grams of cocaine: A minimum of four years in prison

Sentencing Guidelines for PWID Drug Charges In U.S. Federal Courts

Marijuana – U.S. Federal Trafficking Sentencing

First Offense:

  • Less than 50 kilograms of marijuana or 1-49 marijuana plants: A maximum of five years in prison and a $250,000 fine
  • More than 50 and up to 99 kilograms of marijuana or 50-99 plants: A maximum of 20 years in prison and a $1 million fine
  • 100 to 999 kilograms of marijuana or 100 to 999 plants: A minimum of five years in prison, a maximum of forty years and a $5 million fine
  • 1,000 kilograms or more of marijuana: A minimum of ten years in prison or a maximum of more than life and a $10 million fineSee the Marijuana United States Federal Trafficking Sentencing Guideline Chart.

Heroine – U.S. Federal Trafficking Sentencing

FIRST OFFENSE:

  • Less than 100 grams: A maximum of 20 years in prison and a $1 million fine
  • 100 to 999 grams: A minimum of five years and a maximum of 40 years in prison and a $5 million fine
  • One kilogram or more: A minimum of 10 years to life in prison and a $10 million fine

Cocaine – U.S. Federal Trafficking Sentencing

FIRST OFFENSE:

  • Less than 500 grams: A maximum of 20 years in prison and a $1 million fine
  • 500 to 4999 grams: A minimum of five years and a maximum of 40 years in prison and a $5 million fine
  • 5 kilograms or more: A minimum of 10 years to life in prison and a $10 million fine

PWID Charges Can Be Won in Court

If you are facing PWID charges in Pennsylvania, contact an attorney at SMT Legal as soon as possible. We are going to get to work investigating the charges against you in an effort to get them reduced or dismissed altogether. You need to act quickly so we can begin to build your defense today. At SMT Legal, we want to help you minimize the negative impact a drug arrest has on your life and your family. Contact our Pittsburgh drug crime lawyers today for a FREE legal case evaluation.

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