Commonwealth v. Cousins, M., Aplt.

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ.

OPINION

JUSTICE TODD

*35 In this appeal by allowance, we consider whether the Superior Court erred in affirming the trial court's application of the enhanced sentencing provision in Section 780-113(b) of the Controlled Substance, Drug, Device and Cosmetic Act ("Act"), 35 P.S. §§ 780-101 et seq. For the reasons that follow, we conclude the Superior Court's decision was correct, and, thus, we affirm its order.

As the instant matter concerns the interpretation of the Act, in particular Section 780-113(b), it is helpful first to set forth…