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Pennsylvania Marijuana Laws
Marijuana Charges |
Any individual found possessing marijuana is criminally penalized in the state of Pennsylvania for drug possession. In each circumstance, the penalty will be determined by the amount of marijuana found as well as the motivations of the individual (e.g., personal use, sale, delivery). Penalties can vary in severity based on the individual’s number of past offenses as well. In addition, individuals found in possession, sale, or distribution of marijuana near a school or playground will result in a more severe penalty. Additionally, certain dealers and traffickers found in possession of a sufficient amount of marijuana or involved in other drugs or criminal activity can be charged under federal marijuana laws. Persons arrested for marijuana-related incidents should consult with a marijuana lawyer at the earliest time possible. In the event that a private marijuana attorney is not possible to due to financial concerns, individuals can apply for court-appointed counsel. According to the DEA, the annual estimates regarding the retail value of marijuana harvested in the state of Pennsylvania ranges from $116 million dollars to $186 million dollars from an estimated annual production of 22,305 pounds of marijuana.
Medical Marijuana Users
Medical marijuana has not been legalized in the state of Pennsylvania, and thus the possession, sale, or distribution of any amount will be penalized in the same manner as for criminal possession.
Non-Medical Users:
The state of Pennsylvania currently recognizes all marijuana users from a non-medical position. However, some Pennsylvania state doctors and lawmakers have been lobbying for legalizing marijuana for medical use, citing benefits in relaxation and the ease of pain and suffering.
Penalties for Marijuana Use or Possession in Pennsylvania:
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Possession of 30kg or less |
Misdemeanor |
Penalties include incarceration for a period of up to thirty (30) days with a fine of $500 dollars |
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Possession of more than 30kg |
Misdemeanor |
Penalties include incarceration for a period of up to one (1) year with a fine of $5,000 |
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Probation is possible for first-time offenders. Repeat offenders may receive a double penalty. |
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Distributing less than 30g without payment |
Misdemeanor |
Penalties include incarceration for thirty (30) days with a fine of $500 |
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Sale of under 1,000 lbs* |
Felony |
Penalties include incarceration for one to three (1-3) years with a fine of $5,000-$25,000 (Those with previous drug convictions can receive 3 years and the maximum fine) |
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Sale of 1,000 lbs or greater |
Felony |
Penalties include incarceration for ten (10) years with a fine of $100,000 |
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Sale to a minor by a person over the age of 21 |
Felony |
Penalties include double the penalty for both incarceration and fine |
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Probation is possible for first-time offenders. *Mandatory Minimum Sentence: Sale of 2-10 lbs or cultivating 10-21 plants will receive 1-year incarceration and $5,000 fine (or double for a repeat offender). Sale of 10 to 50 lbs or cultivating 21-51 plants will receive 3 years incarceration and $15,000 fine (repeat offender will receive 4 years incarceration and $30,000 fine). |
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Marijuana Paraphernalia:
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Possession or sale of paraphernalia |
Misdemeanor |
Penalties include incarceration for one (1) year with a fine of $2,500 |
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Possession or sale of paraphernalia to a minor |
Misdemeanor or Felony |
Penalties include double the penalty for both incarceration and fine |
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Probation is possible for first-time offenders. Repeat offenders may receive a double penalty. Penalty for the delivery of marijuana within 1,000 ft. of a school or 250 ft. of a playground include incarceration for2-4 years. |
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Penalties for Driving Under the Influence of Marijuana
The state of Pennsylvania has had a Driving Under the Influence of Drugs (DUID) law since October of 2003, which prohibits drivers from operating a motor vehicle while under the influence of drugs, including cannabis and cannabis metabolites. Motorists found with blood levels of THC above 5 ng/ml are guilty of DUID.
Legal Help with a Marijuana Offense
When seeking legal aid or advice with a marijuana-related offense, a marijuana lawyer in the state of Pennsylvania can provide further legal insight in your case, and can help you clear up unresolved issues with an arrest. Often, first-time offenders can opt for probation or parole as opposed to trying the case in court. Following the probationary period, the offense will not be on the offender’s criminal record. Working with a marijuana attorney who understands Pennsylvania’s conditional release options can greatly assist in such a circumstance.