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.