PCS Data Snapshot I

Possession with intent to deliver (PWID) is defined in Pennsylvania's Controlled Substance, Drug, Device, and Cosmetic Act (35 Pa.C.S. § 780-113(a)(30)) as:

Possession with intent to deliver marijuana (PWID-marijuana) is graded as an unclassified felony with a maximum penalty of 5 years of imprisonment and/or a fine of no more than $15,000 (see 35 Pa.C.S § 780-113(f)(2)).

This snapshot uses Pennsylvania Commission on Sentencing (PCS) data from 2021-2023. The unit of analysis for this report is the most serious offense in a judicial proceeding. A judicial proceeding is a proceeding in which all offenses for which the individual has been convicted are pending before the court for sentencing at the same time. A judicial proceeding may include multiple offenses and transactions. We refer to these judicial proceedings as cases.

Overall, there were 227,223 cases. Of these, there were 1,680 cases where PWID-marijuana was the most serious offense within a case. These cases represent less than 1 percent of all cases and roughly 12 percent of all PWID cases.

Sentencing guidelines in Pennsylvania provide sentencing recommendations for judges to consider when determining the appropriate sentence for individuals convicted of, or pleading guilty or nolo contendere, to felonies and misdemeanors. The recommendations are based on the severity of the current offense and the individual's criminal history. In Pennsylvania's guidelines, the severity of the current offense is measured by the offense gravity score (OGS).

OGS categories for the new guidelines were developed referencing historical sentencing practices. For example, for PWID-marijuana less than a pound or less than 10 plants, the guideline recommendation shifted from RS-1 to 24 months of probation. Similarly, for 1 to less than 10 pounds, the guidelines shifted from a broad recommendation of RS-9 to a more specific minimum recommendation of 1 to 4 months of county incarceration or restrictive conditions of probation (RC).

Future analyses by the Commission will focus on the impact of the new guidelines on type and durations of sentences imposed and on conformity rates.

Please click the following link for additional information about the  8 ^th  Edition Guidelines .

• Over two-thirds of PWID-marijuana cases involve less than 1 pound or less than 10 plants.  And roughly 90 percent of cases involve less than 10 pounds or less than 21 plants.
• Nearly half of individuals convicted of PWID-marijuana have a prior record score of 0.
• A majority of sentences for PWID-marijuana are within the standard range guideline recommendation. Higher OGS sentences have higher rates of mitigated sentences. Instances of sentences that are aggravated or outside-above the guidelines are rare.
• Probation is the most common sanction for individuals convicted of PWID-marijuana. State incarceration was used in only 6 percent of cases.

The Commission's Data Snapshots are a quarterly publication designed to provide stakeholders with overviews of sentencing practices for different case types, summaries of evaluations of programs and policies, impact analyses, and other research initiatives of the Commission.