Pennsylvania Marijuana Laws

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Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Pennsylvania, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (35 Pa. Con. Stat. § 780-104.) And while not covered in this article, it is also a crime to drive under the influence of marijuana in Pennsylvania.

For information about charges and penalties for driving under the influence of marijuana in Pennsylvania, see Driving Under the Influence of Marijuana in Pennsylvania.

Marijuana Possession

It is a crime to knowingly or intentionally possess marijuana in Pennsylvania. For amounts up to 30 grams, penalties include a fine of up to $500, up to 30 days in jail, or both. Convictions for possessing 30 grams or more are punishable with a fine of up to $5,000, up to one year in jail, or both. (35 Pa. Con. Stat. § 780-113.)

To learn about Pennsylvania's drug laws, please see Possession of a Controlled Substance Pennsylvania.

Manufacture and Distribution

Manufacturing or distributing marijuana (or possessing marijuana with the intent to do so) in Pennsylvania is illegal. Penalties vary according to the amount made or distributed, and whether the marijuana was sold or given away without compensation. Increased penalties apply when the sale was to a minor. (35 Pa. Con. Stat. § 780-113.)

  • Up to 30 grams without compensation. Penalties include a fine of up to $500, up to 30 days in jail, or both.
  • Selling up to 1,000 pounds. Penalties include a fine of between $5,000 and $25,000, between one and three years in prison, or both.
  • Selling more than 1,000 pounds. Penalties include a fine of between up to $100,000, up to ten years in prison, or both.

Drug Paraphernalia

It is illegal in Pennsylvania to manufacture, advertise,  or sell drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. Penalties include a fine of up to $2,500, up to one year in jail, or both. Selling paraphernalia to a minor who is at least three years younger than the seller incurs increased penalties. These include a fine of up to $5,000, up to two years in prison, or both. (35 Pa. Con. Stat. § 780-113.)

Learn about common crimes in your state.

The Value of Local Legal Representation

If you have been charged with a marijuana-related offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.

by: , Contributing Author

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