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Last Modified on Jun 19, 2019
If the state of Pennsylvania charged you or a loved one with drug trafficking or distribution, you face a felony conviction, which could lead to between seven and 20 years in prison. This is the case even if you are a first-time offender. Though the severity of a drug trafficking sentence depends on several factors, including the amount of drugs you had in your possession at the time of arrest and the classification of the drug, the ideal scenario would be one in which you walked away free or with sentencing for a reduced charge. To achieve either of these outcomes, you need a strong and viable defense. FindLaw explores the defenses to drug distribution charges in brief.
Pennsylvania law defines drug trafficking or distribution as “possession with intent to deliver a controlled substance.” A controlled substance is any drug that is illegal and/or a narcotic, such as cocaine, marijuana, heroin, methamphetamine, etc. To prove you possessed the drugs for the sole purpose of distributing it to another person, the prosecution must prove beyond a reasonable doubt that you grew, manufactured or obtained the illegal substance and either delivered it to another person or had the intention of doing so. If the prosecution cannot prove this, it may still charge you with illegal drug possession, which is a separate offense.