Legal Sanctions

The Controlled Substance Drug Device and Cosmetic Act of the Commonwealth of Pennsylvania(Act 64), 1972, specifies legal sanctions of monetary fines ranging up to $250,000 and imprisonment ranging up to 50 years or both for violations of its provisions. Under Pennsylvania law (Crimes Code 18 PA C.S. 6308)it is a summary offense if anyone under 21 years of age "attempts to purchase,purchases,consumes,possesses, or transports any alcohol,liquor or malt brewed beverages." Penalties for offenses under these provisions include restrictions in driving operator's privileges and also monetary fines.

On the federal level, legal sanctions for trafficking of controlled substances as well as specific penalties for trafficking of marijuana are complex and are presented in table form at the end of this section. In addition to these penalties and sanctions, the federal government also specifies the same related to illegal possession of controlled substances. Major penalties and sanctions for illegal possession of controlled substances are as follows:

21 U.S.C. 844(a)

1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $10,000, or both.

After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than$250,000, or both.

After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000 , or both

Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000, or both, if:

a) 1st conviction and the amount of crack possessed exceeds 5 grams.

b) 2nd crack conviction and the amount of crack possessed exceeds 3 grams.

c) 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.