Pennsylvania’s Marijuana Laws

Residents of Pennsylvania should familiarize themselves with the local paraphernalia laws in order to avoid paying fines or serving time in jail.

Pennsylvania Marijuana Attorneys

The following Pennsylvania lawyers are actively involved in the practice of cannabis law:

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LAW BREAKDOWN

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.

Possession

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.

Cultivation

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.

Paraphernalia

Possession, use and sale of marijuana paraphernalia are all illegal in Pennsylvania, unless the paraphernalia is intended and used only for legal purposes, such as smoking tobacco. Paraphernalia includes any items used in the cultivation, harvesting, storage, analysis, testing, weight, or consumption of marijuana.

Possession and use. Possession of marijuana is a misdemeanor with a maximum penalty of one year in jail and $2,500 in fines.

Sale and delivery. Sale is also a misdemeanor and carries the same penalties as possession; a maximum of one year imprisonment and $2,500 in fines.

Sale to a minor. 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.

PENALTIES

Pennsylvania Marijuana Laws
Offense Penalty Incarceration   Max. Fine  
Possession
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
Cultivation
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
Manufacture felony 5 years $15,000
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.
Paraphernalia
Possession or sale of paraphernalia misdemeanor 1 year $2,500
To a minor at least 3 years younger misdemeanor 2 year $5,000
Miscellaneous
Suspension of driving privileges upon receiving a conviction of any offense involving the possession, sale, delivery of any controlled substance.