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Mandatory Minimum Sentences for PWID Marijuana Convictions under Pennsylvania Law

When someone has been convicted of possessing marijuana with the intent to deliver, they face certain mandatory minimum sentences based on various factors.  A mandatory minimum sentence means that a judge must impose at the least a certain number of years based on the fact that the person has been convicted of this crime.  Because of a recent United States Supreme Court case, the District Attorney must prove all the factors which could lead to a mandatory minimum sentence beyond a reasonable doubt.  

In cases involving PWID convictions involving marijuana, the following mandatory minimum sentences apply:

1 year in prison: when the amount of marijuana is at least two pounds, but less than ten pounds OR at least ten live plants, but less than twenty-one live plants.

2 years in prison: if the same amount is present and the defendant has a previous drug trafficking conviction.

3 years in prison: when the amount is at least ten pounds, but less than 50 pounds OR at least twenty-one live plants, but less than 51 live plants.

4 years in prison: if the same amount is present and the defendant has a previous drug trafficking conviction.

5 years in prison: when the amount is at least fifty pounds OR at least fifty-one live plants.

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