Residents of Pennsylvania should familiarize themselves with the local paraphernalia laws in order to avoid paying fines or serving time in jail.
Here is Pennsylvania’s Health & Safety Code 780-113 in its entirety.
Marijuana is prohibited for any use in Pennsylvania, including recreation and medicine. The drug is not decriminalized, so any cannabis offense carries the possibility of jail or prison time.
It is a misdemeanor to possess any amount of marijuana for personal use in Pennsylvania. The top penalty for possession of 30 grams or less is 30 days in jail and a fine of $500. If the amount is greater than 30 grams, the maximum punishment is one year in jail and $5,000 in fines.
First-time offenders are eligible for conditional release, but susequent convictions can double the maximum penalties. Driver’s license suspension is imposed for any possession conviction.
Sale or Distribution
Selling or distributing 30 grams of marijuana or less is a misdemeanor as long as nothing else of value changes hands. The maximum sentence is 30 days in jail and $500 in fines. Sale or distribution of between 30 grams and 2 pounds is a felony.
Moving between 2 and 10 pounds is punishable by up to one year in jail and a $5,000 fine. If the weight is between 10 and 1,000 pounds, the possible penalty increases to three years in prison and $25,000. If the weight is more than 1,000 pounds, maximum penalties increase to 10 years in prison and $100,000.
Selling or distributing any amount of cannabis within 1,000 feet of a school or within 250 feet of a playground carries a mandatory minimum sentence of two years in prison and a maximum of four. Selling or giving marijuana to a minor doubles the penalty, as does sale or distribution after a previous drug conviction.
Courts may increase maximum fines for selling marijuana in order to exhaust the proceeds of the sales. Offenders convicted of any sale or distribution crime are subject to a driver’s license suspension.
It is a felony to grow cannabis plants in Pennsylvania, regardless of the amount. There is a mandatory minimum sentence of one year in jail and a maximum of five, plus $15,000 in fines. Cultivation offenders are subject to a driver’s license suspension.
Hash and Concentrates
Hashish, hash oil, and other marijuana concentrates are subject to lower weight limits than regular bud. Possession of 8 grams or less is a misdemeanor punishable by up to 30 days in jail and $500 in fines. Possession of more than 8 grams is also a misdemeanor and carries a top penalty of one year in jail and $5,000 in fines.
Manufacture of concentrates, on the other hand, is a felony and comes with a maximum of five years in prison and $15,000. Selling or distributing any amount is subject to the same penalties as selling or distributing bud. Driver’s licenses are suspended after conviction for possession, selling, or distributing concentrates.
Possession or sale of cannabis paraphernalia is a misdemeanor in Pennsylvania unless the paraphernalia is intended and used only for legal purposes, such as smoking tobacco. The maximum penalty is one year in jail and $2,500 in fines. If the sale is to a minor at least three years younger than the seller, the top punishment is two years in prison and $5,000 in fines.
|30g or less||misdemeanor||30 days||$500|
|More than 30g||misdemeanor||1 year||$5,000|
|First possession conviction is eligible for conditional release. Subsequent conviction can lead to a doubled penalty.|
|Sale or Distribution|
|30g or less for no remuneration||misdemeanor||30 days||$500|
|2 - 10 lbs||felony||1 year*||$5,000|
|10 - 50 lbs||felony||3 year*||$25,000|
|Less than 1000 lbs||felony||3 years||$25,000|
|More than 1000 lbs||felony||10 years||$100,000|
|Within 1000 ft of a school or within 250 ft of recreational playground punishable by 2-4 years in prison.|
|To a minor, or after a previous drug conviction, brings doubled penalties.|
|Courts are authorized to increase the maximum fine to exhaust all proceeds from drug sales.|
|* Mandatory minimum sentence|
|10 - 21 plants||felony||1 year*||$5,000|
|22 - 51 plants||felony||3 years*||$15,000|
|* Mandatory minimum sentence|
|Hash & Concentrates|
|Possession of 8 g or less||misdemeanor||30 days||$500|
|Possession of more than 8 g||misdemeanor||1 year||$5,000|
|Penalties for selling or trafficking hashish or concentrates are the same as the trafficking penalties for marijuana. Please see the marijuana penalties section for further details.|
|Possession or sale of paraphernalia||misdemeanor||1 year||$2,500|
|To a minor at least 3 years younger||misdemeanor||2 year||$5,000|
|Suspension of driving privileges upon receiving a conviction of any offense involving the possession, sale, delivery of any controlled substance.|