UNCONSTITUTIONAL MANDATORY MINIMUM DRUG TRAFFICKING SENTENCING & PENALTIES
18 Pa.C.S § 7508

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UNCONSTITUTIONAL MANDATORY MINIMUM DRUG TRAFFICKING SENTENCING & PENALTIES - 18 Pa.C.S § 7508

Section 7508 is Unconstitutional

In Alleyne v. United States, the United States Supreme Court held that any facts leading to an increase in a mandatory minimum sentence are elements of the crime and must be presented to a jury and proven beyond a reasonable doubt. 570 U.S. 99 (2013).

​Section 7508, however, suggests that the provisions of the rule should not be considered elements of the crime and that the court (not the jury) should decide if the enhancements apply. Following Alleyne, Pennsylvania courts have held that section 7508’s mandatory minimum drug sentencing scheme is unconstitutional. Commonwealth v. Cardwell, 105 A.3d 748 (Pa. Super. 2014) and Commonwealth v. Mosley, 114 A.3d 1072 (Pa. Super. 2015).

Nevertheless, section 7508’s penalties are important to review because Pennsylvania’s General Assembly may pass a mandatory minimum drug sentencing law similar to section 7508 that complies with the mandates of Alleyne.

The Mandatory Minimum Penalties Under Section 7508 – Unconstitutional

Heroin

Mandatory Minimum
Provision
Minimum Sentence
Minimum Sent. Cont'd.
Minimum Sent. Cont'd
At least 1 gram but less than 5 grams
2 years/$5,000
If offender previously convicted of a drug trafficking offense:
3 years/$10,000
At least 5 grams but less than 50 grams
3 years/$15,000
If offender previously convicted of a drug trafficking offense:
5 years/$30,000
At least 50 grams
5 years/$25,000
If offender previously convicted of a drug trafficking offense:
7 years/$50,000

Meth

Mandatory Minimum
Provision
Minimum Sentence
Minimum Sent. Cont'd.
Minimum Sent. Cont'd
At least 5 grams but less than 10 grams
3 years/$15,000
If offender previously convicted of a drug trafficking offense:
5 years/$30,000
At least 10 grams but less than 100 grams
4 years/$25,000
If offender previously convicted of a drug trafficking offense:
7 years/$50,000
At least 100 grams
5 years/$50,000
If offender previously convicted of a drug trafficking offense:
8 years/$50,000

Cocaine

Mandatory Minimum
Provision
Minimum Sentence
Minimum Sent. Cont'd.
Minimum Sent. Cont'd
At least 2 grams but less than 10 grams
1 year/$5,000
If offender previously convicted of a drug trafficking offense:
3 years/$10,000
At least 10 grams but less than 100 grams
3 years/$15,000
If offender previously convicted of a drug trafficking offense:
5 years/$30,000
At least 100 grams
4 years/$25,000
If offender previously convicted of a drug trafficking offense:
7 years/$50,000

Marijuana

Mandatory Minimum
Provision
Minimum Sentence
Minimum Sent. Cont'd.
Minimum Sent. Cont'd
At least 2 lbs but less than 10 lbs OR at least 10 but less than 21 live plants
1 year/$5,000
If offender previously convicted of a drug trafficking offense:
2 years/$10,000
More than 10 lbs but less than 50 lbs OR at least 21 but less than 51 live plants
3 years/$15,000
If offender previously convicted of a drug trafficking offense:
4 years/$30,000
At least 50 lbs or 51 live plants
5 years/$50,000
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MDMA

Mandatory Minimum Provision
Minimum Sentence
At least 50 pills or 15 grams BUT less than 100 pills or less than 30 grams
5 years/$15,000
At least 100 pills or 30 grams BUT less than 1,000 pills or less than 300 grams
10 years/$100,000
At least 1,000 pills or 300 grams
15 years/$250,000

Schedule I or Schedule II Narcotic

Mandatory Minimum
Provision
Minimum Sentence
Minimum Sent. Cont'd.
Minimum Sent. Cont'd
At least 2 grams but less than 10 grams
2 years/$5,000
If offender previously convicted of a drug trafficking offense:
3 years/$10,000
At least 10 grams but less than 100 grams
3 years/$15,000
If offender previously convicted of a drug trafficking offense:
5 years/$30,000
At least 100 grams
5 years/$25,000
If offender previously convicted of a drug trafficking offense:
7 years/$50,000

Free Consultation

If you or someone you love is being prosecuted for a drug offense in Pennsylvania and anyone is using mandatory minimums to compel a guilty plea please call Lampman Law, we can help.

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