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Sentences for Possession of a Controlled Substance with Intent to Deliver (PWID) in Philadelphia

Posted On: September 23, 2015 by Marc Neff

Sentences for Possession of a Controlled Substance with Intent to Deliver (PWID) in Philadelphia

Under Pennsylvania law, individuals who are facing charges for Possession of a Controlled Substance with Intent to Deliver often face stiff penalties including prison sentences. As a general rule, the severity of the sentence depends on several important factors:

  • nature and quantity of the drugs involved,
  • presence of aggravating factors, and
  • prior criminal record.

Related: Possession with Intent to Deliver Charges in Philadelphia: Pennsylvania Drug Dealing Law

General Sentences for Possession with Intent to Deliver Convictions (Narcotics and Cocaine)

The specific mandatory sentences for PWID convictions in Pennsylvania depend on the actual drugs involved. Heroin, cocaine, methamphetamine, etc., each carry different mandatory minimum prison sentences. Penalties are increased when an individual has prior convictions for drug trafficking or PWID.

PWID – Narcotics (1 to 5 grams)

First Conviction 2 years
Subsequent Conviction 3 years

PWID – Narcotics (5 to 50 grams)

First Conviction 3 years
Subsequent Conviction 5 years

PWID – Narcotics (50+ grams)

First Conviction 5 years
Subsequent Conviction 7 years

PWID – Cocaine (2 to 10 grams)

First Conviction 1 years
Subsequent Conviction 3 years

PWID – Cocaine (10 to 100 grams)

First Conviction 3 years
Subsequent Conviction 5 years

PWID – Cocaine (100+ grams)

First Conviction 4 years
Subsequent Conviction 7 years

Philadelphia Drug Treatment Court – An Alternative to a Drug Conviction and Sentence

Nearly 20 years ago, Philadelphia implemented one of the nation’s first drug treatment courts, an alternative disposition court designed to decrease the number of individuals incarcerated due to drug addiction, a root cause of criminal activity. Philadelphia Drug Treatment Court provides drug addiction treatment and facilitates social services to decrease recidivism. Participants in the Treatment Court may receive social services for health, housing, education, employment, etc.

Philadelphia Treatment Court may be available for felony drug offenders, including those charged with PWID offenses and those with prior criminal records. Acceptance must be approved by the District Attorney’s Office and the court. If accepted, the individual is required to plead nolo contendere (no contest) to the offenses. Thereafter, the individual enters the treatment program for 1 year. Participation is monitored by the probation department and overseen by the court. The program requires drug addiction treatment, urine/drug testing, and multiple court appearances.

After successful completion of the program, the plea is withdrawn and the charges are dismissed. An individual who completes the program and stays arrest-free for one year becomes eligible to have their record expunged. Failure to complete the program may result in a conviction and sentence.

Philadelphia Drug Treatment Court is not for everyone. The requirements may be difficult to comply with, depending on your situation. You should speak to a criminal defense lawyer to discuss whether entry into Treatment Court is right for you.

Philadelphia Criminal Defense – Drug Cases

For over 25 years, attorney Marc Neff has been handling criminal cases in Philadelphia including drug possession and drug trafficking cases. Contact the Law Offices of Marc Neff at (215) 563-9800.

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Posted in: Drug Crimes