2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 75 - Other Offenses
7508 - Drug trafficking sentencing and penalties.

     § 7508.  Drug trafficking sentencing and penalties.
        (a)  General rule.--Notwithstanding any other provisions of
     this or any other act to the contrary, the following provisions
     shall apply:
            (1)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of the act of April 14, 1972
        (P.L.233, No.64), known as The Controlled Substance, Drug,
        Device and Cosmetic Act, where the controlled substance is
        marijuana shall, upon conviction, be sentenced to a mandatory
        minimum term of imprisonment and a fine as set forth in this
        subsection:
                (i)  when the amount of marijuana involved is at
            least two pounds, but less than ten pounds, or at least
            ten live plants but less than 21 live plants; one year in
            prison and a fine of $5,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity; however, if at the
            time of sentencing the defendant has been convicted of
            another drug trafficking offense: two years in prison and
            a fine of $10,000 or such larger amount as is sufficient
            to exhaust the assets utilized in and the proceeds from
            the illegal activity;
                (ii)  when the amount of marijuana involved is at
            least ten pounds, but less than 50 pounds, or at least 21
            live plants but less than 51 live plants; three years in
            prison and a fine of $15,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity; however, if at the
            time of sentencing the defendant has been convicted of
            another drug trafficking offense: four years in prison
            and a fine of $30,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity; and
                (iii)  when the amount of marijuana involved is at
            least 50 pounds, or at least 51 live plants; five years
            in prison and a fine of $50,000 or such larger amount as
            is sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity.
            (2)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of The Controlled Substance, Drug,
        Device and Cosmetic Act where the controlled substance or a
        mixture containing it is classified in Schedule I or Schedule
        II under section 4 of that act and is a narcotic drug shall,
        upon conviction, be sentenced to a mandatory minimum term of
        imprisonment and a fine as set forth in this subsection:
                (i)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least 2.0
            grams and less than ten grams; two years in prison and a
            fine of $5,000 or such larger amount as is sufficient to
            exhaust the assets utilized in and the proceeds from the
            illegal activity; however, if at the time of sentencing
            the defendant has been convicted of another drug
            trafficking offense: three years in prison and $10,000 or
            such larger amount as is sufficient to exhaust the assets
            utilized in and the proceeds from the illegal activity;
                (ii)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least ten
            grams and less than 100 grams; three years in prison and
            a fine of $15,000 or such larger amount as is sufficient
            to exhaust the assets utilized in and the proceeds from
            the illegal activity; however, if at the time of
            sentencing the defendant has been convicted of another
            drug trafficking offense: five years in prison and
            $30,000 or such larger amount as is sufficient to exhaust
            the assets utilized in and the proceeds from the illegal
            activity; and
                (iii)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least 100
            grams; five years in prison and a fine of $25,000 or such
            larger amount as is sufficient to exhaust the assets
            utilized in and the proceeds from the illegal activity;
            however, if at the time of sentencing the defendant has
            been convicted of another drug trafficking offense: seven
            years in prison and $50,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity.
            (3)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of The Controlled Substance, Drug,
        Device and Cosmetic Act where the controlled substance is
        coca leaves or is any salt, compound, derivative or
        preparation of coca leaves or is any salt, compound,
        derivative or preparation which is chemically equivalent or
        identical with any of these substances or is any mixture
        containing any of these substances except decocainized coca
        leaves or extracts of coca leaves which (extracts) do not
        contain cocaine or ecgonine shall, upon conviction, be
        sentenced to a mandatory minimum term of imprisonment and a
        fine as set forth in this subsection:
                (i)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least 2.0
            grams and less than ten grams; one year in prison and a
            fine of $5,000 or such larger amount as is sufficient to
            exhaust the assets utilized in and the proceeds from the
            illegal activity; however, if at the time of sentencing
            the defendant has been convicted of another drug
            trafficking offense: three years in prison and $10,000 or
            such larger amount as is sufficient to exhaust the assets
            utilized in and the proceeds from the illegal activity;
                (ii)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least ten
            grams and less than 100 grams; three years in prison and
            a fine of $15,000 or such larger amount as is sufficient
            to exhaust the assets utilized in and the proceeds from
            the illegal activity; however, if at the time of
            sentencing the defendant has been convicted of another
            drug trafficking offense: five years in prison and
            $30,000 or such larger amount as is sufficient to exhaust
            the assets utilized in and the proceeds from the illegal
            activity; and
                (iii)  when the aggregate weight of the compound or
            mixture of the substance involved is at least 100 grams;
            four years in prison and a fine of $25,000 or such larger
            amount as is sufficient to exhaust the assets utilized in
            and the proceeds from the illegal activity; however, if
            at the time of sentencing the defendant has been
            convicted of another drug trafficking offense: seven
            years in prison and $50,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity.
            (4)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of The Controlled Substance, Drug,
        Device and Cosmetic Act where the controlled substance is
        methamphetamine or phencyclidine or is a salt, isomer or salt
        of an isomer of methamphetamine or phencyclidine or is a
        mixture containing methamphetamine or phencyclidine,
        containing a salt of methamphetamine or phencyclidine,
        containing an isomer of methamphetamine or phencyclidine,
        containing a salt of an isomer of methamphetamine or
        phencyclidine shall, upon conviction, be sentenced to a
        mandatory minimum term of imprisonment and a fine as set
        forth in this subsection:
                (i)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least
            five grams and less than ten grams; three years in prison
            and a fine of $15,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity; however, if at the
            time of sentencing the defendant has been convicted of
            another drug trafficking offense: five years in prison
            and $30,000 or such larger amount as is sufficient to
            exhaust the assets utilized in and the proceeds from the
            illegal activity;
                (ii)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least ten
            grams and less than 100 grams; four years in prison and a
            fine of $25,000 or such larger amount as is sufficient to
            exhaust the assets utilized in and the proceeds from the
            illegal activity; however, if at the time of sentencing
            the defendant has been convicted of another drug
            trafficking offense: seven years in prison and $50,000 or
            such larger amount as is sufficient to exhaust the assets
            utilized in and the proceeds from the illegal activity;
            and
                (iii)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least 100
            grams; five years in prison and a fine of $50,000 or such
            larger amount as is sufficient to exhaust the assets
            utilized in and the proceeds from the illegal activity;
            however, if at the time of sentencing the defendant has
            been convicted of another drug trafficking offense: eight
            years in prison and $50,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity.
            (5)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of The Controlled Substance, Drug,
        Device and Cosmetic Act, and who, in the course of the
        offense, manufactures, delivers, brings into this
        Commonwealth or possesses with intent to manufacture or
        deliver amphetamine or any salt, optical isomer, or salt of
        an optical isomer, or a mixture containing any such
        substances shall, when the aggregate weight of the compound
        or mixture containing the substance involved is at least five
        grams, be sentenced to two and one-half years in prison and a
        fine of $15,000 or such larger amount as is sufficient to
        exhaust the assets utilized in and the proceeds from the
        illegal activity; however, if at the time of sentencing the
        defendant has been convicted of another drug trafficking
        offense: be sentenced to five years in prison and $30,000 or
        such larger amount as is sufficient to exhaust the assets
        utilized in and the proceeds from the illegal activity.
            (6)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of The Controlled Substance, Drug,
        Device and Cosmetic Act where the controlled substance is
        methaqualone shall, upon conviction, be sentenced to a
        mandatory minimum term of imprisonment and a fine as set
        forth in this subsection:
                (i)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least 50
            tablets, capsules, caplets or other dosage units, or 25
            grams and less than 200 tablets, capsules, caplets or
            other dosage units, or 100 grams; one year in prison and
            a fine of $2,500 or such larger amount as is sufficient
            to exhaust the assets utilized in and the proceeds from
            the illegal activity; however, if at the time of
            sentencing the defendant has been convicted of another
            drug trafficking offense: three years in prison and
            $5,000 or such larger amount as is sufficient to exhaust
            the assets utilized in and the proceeds from the illegal
            activity; and
                (ii)  when the aggregate weight of the compound or
            mixture containing the substance involved is at least 200
            tablets, capsules, caplets or other dosage units, or more
            than 100 grams; two and one-half years in prison and a
            fine of $15,000 or such larger amount as is sufficient to
            exhaust the assets utilized in and the proceeds from the
            illegal activity; however, if at the time of sentencing
            the defendant has been convicted of another drug
            trafficking offense: five years in prison and $30,000 or
            such larger amount as is sufficient to exhaust the assets
            utilized in and the proceeds from the illegal activity.
            (7)  A person who is convicted of violating section
        13(a)(14), (30) or (37) of The Controlled Substance, Drug,
        Device and Cosmetic Act where the controlled substance or a
        mixture containing it is heroin shall, upon conviction, be
        sentenced as set forth in this paragraph:
                (i)  when the aggregate weight of the compound or
            mixture containing the heroin involved is at least 1.0
            gram but less than 5.0 grams the sentence shall be a
            mandatory minimum term of two years in prison and a fine
            of $5,000 or such larger amount as is sufficient to
            exhaust the assets utilized in and the proceeds from the
            illegal activity; however, if at the time of sentencing
            the defendant has been convicted of another drug
            trafficking offense: a mandatory minimum term of three
            years in prison and $10,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity;
                (ii)  when the aggregate weight of the compound or
            mixture containing the heroin involved is at least 5.0
            grams but less than 50 grams: a mandatory minimum term of
            three years in prison and a fine of $15,000 or such
            larger amount as is sufficient to exhaust the assets
            utilized in and the proceeds from the illegal activity;
            however, if at the time of sentencing the defendant has
            been convicted of another drug trafficking offense: a
            mandatory minimum term of five years in prison and
            $30,000 or such larger amount as is sufficient to exhaust
            the assets utilized in and the proceeds from the illegal
            activity; and
                (iii)  when the aggregate weight of the compound or
            mixture containing the heroin involved is 50 grams or
            greater: a mandatory minimum term of five years in prison
            and a fine of $25,000 or such larger amount as is
            sufficient to exhaust the assets utilized in and the
            proceeds from the illegal activity; however, if at the
            time of sentencing the defendant has been convicted of
            another drug trafficking offense: a mandatory minimum
            term of seven years in prison and $50,000 or such larger
            amount as is sufficient to exhaust the assets utilized in
            and the proceeds from the illegal activity.
            (8)  A person who is convicted of violating section
        13(a)(12), (14) or (30) of The Controlled Substance, Drug,
        Device and Cosmetic Act where the controlled substance or a
        mixture containing it is 3,4-methylenedioxyamphetamine (MDA);
        3,4-methylenedioxymethamphetamine (MDMA); 5-methoxy-3,4-
        methylenedioxyamphetamine (MMDA); 3,4-methylenedioxy-N-
        ethylamphetamine; N-hydroxy-3,4-methylenedioxyamphetamine; or
        their salts, isomers and salts of isomers, whenever the
        existence of such salts, isomers and salts of isomers is
        possible within the specific chemical designation, shall,
        upon conviction, be sentenced as set forth in this paragraph:
                (i)  When the aggregate weight of the compound or
            mixture containing the substance involved is at least 50
            tablets, capsules, caplets or other dosage units, or 15
            grams and less than 100 tablets, capsules, caplets or
            other dosage units, or less than 30 grams, the person is
            guilty of a felony and, upon conviction thereof, shall be
            sentenced to imprisonment not exceeding five years or to
            pay a fine not exceeding $15,000, or both.
                (ii)  When the aggregate weight of the compound or
            mixture containing the substance involved is at least 100
            tablets, capsules, caplets or other dosage units, or 30
            grams and less than 1,000 tablets, capsules, caplets or
            other dosage units, or less than 300 grams, the person is
            guilty of a felony and, upon conviction thereof, shall be
            sentenced to imprisonment not exceeding ten years or to
            pay a fine not exceeding $100,000, or both.
                (iii)  When the aggregate weight of the compound or
            mixture containing the substance involved is at least
            1,000 tablets, capsules, caplets or other dosage units,
            or 300 grams, the person is guilty of a felony and, upon
            conviction thereof, shall be sentenced to imprisonment
            not exceeding 15 years or to pay a fine not exceeding
            $250,000, or both.
        (a.1)  Previous conviction.--For purposes of this section, it
     shall be deemed that a defendant has been convicted of another
     drug trafficking offense when the defendant has been convicted
     of another offense under section 13(a)(14), (30) or (37) of The
     Controlled Substance, Drug, Device and Cosmetic Act, or of a
     similar offense under any statute of any state or the United
     States, whether or not judgment of sentence has been imposed
     concerning that offense.
        (b)  Proof of sentencing.--Provisions of this section shall
     not be an element of the crime. Notice of the applicability of
     this section to the defendant shall not be required prior to
     conviction, but reasonable notice of the Commonwealth's
     intention to proceed under this section shall be provided after
     conviction and before sentencing. The applicability of this
     section shall be determined at sentencing. The court shall
     consider evidence presented at trial, shall afford the
     Commonwealth and the defendant an opportunity to present
     necessary additional evidence and shall determine, by a
     preponderance of the evidence, if this section is applicable.
        (c)  Mandatory sentencing.--There shall be no authority in
     any court to impose on an offender to which this section is
     applicable a lesser sentence than provided for herein or to
     place the offender on probation, parole, work release or
     prerelease or to suspend sentence. Nothing in this section shall
     prevent the sentencing court from imposing a sentence greater
     than provided herein. Sentencing guidelines promulgated by the
     Pennsylvania Commission on Sentencing shall not supersede the
     mandatory sentences provided herein. Disposition under section
     17 or 18 of The Controlled Substance, Drug, Device and Cosmetic
     Act shall not be available to a defendant to which this section
     applies.
        (d)  Appellate review.--If a sentencing court refuses to
     apply this section where applicable, the Commonwealth shall have
     the right to appellate review of the action of the sentencing
     court. The appellate court shall vacate the sentence and remand
     the case to the sentencing court for imposition of a sentence in
     accordance with this section if it finds that the sentence was
     imposed in violation of this section.
        (e)  Forfeiture.--Assets against which a forfeiture petition
     has been filed and is pending or against which the Commonwealth
     has indicated an intention to file a forfeiture petition shall
     not be subject to a fine. Nothing in this section shall prevent
     a fine from being imposed on assets which have been subject to
     an unsuccessful forfeiture petition.
        (f)  Growing plants.--When the controlled substance is
     marijuana in the form of growing plants and the number of plants
     is nine or less, weighing may be accomplished by law enforcement
     officials utilizing any certified scale convenient to the place
     of arrest for the purpose of determining the weight of the
     growing marijuana plant. The aggregate weight of the plant is to
     include the whole plant including the root system if possible.
     The weight is not to include any substance not a part of the
     growing plant.
     (Mar. 25, 1988, P.L.262, No.31, eff. July 1, 1988; Dec. 19,
     1990, P.L.1451, No.219, eff. imd.; June 22, 2000, P.L.345,
     No.41, eff. 60 days; Dec. 9, 2002, P.L.1439, No.183, eff. 60
     days; June 10, 2003, P.L.10, No.4, eff. imd.)

        2003 Amendment.  Act 4 amended subsec. (a)(8).
        2000 Amendment.  Act 41 added subsec. (a)(7).
        Cross References.  Section 7508 is referred to in sections
     9711, 9712.1 of Title 42 (Judiciary and Judicial Procedure);
     sections 3903, 4503 of Title 61 (Prisons and Parole).