Legal Question in Criminal Law in Pennsylvania

Re: felony offense possesion of heroin with intent to deliver

forever

Re: felony offense possesion of heroin with intent to deliver

For sentencing purposes I'm not so sure that mandatory sentencing would apply because the amount of marijuana is less than two pounds. That does not mean that the prior conviction won't be considered in sentencing but it is good news because the mandatory sentencing statute provides that: "(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;"

So, if it was over two pounds, assuming the prior offense was drug trafficking, the court would have to impose at least a two year sentence and $10,000 fine.