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Wednesday, November 14, 2018
Home Marijuana Laws by State Pennsylvania Marijuana Laws

Pennsylvania Marijuana Laws

Pennsylvania permits full-plant medical marijuana use, but recreational use remains illegal. There are local decriminalization measures in place in certain localities, in which possession of small amounts results in no more than a small fine.

Pennsylvania Marijuana Attorneys

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

LAW BREAKDOWN

Pennsylvania law permits medical marijuana use for a long list of conditions, and while there is some local decriminalization, recreational use remains illegal in most places.

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 subsequent 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 more than 30 grams is a felony, punishable by a minimum of 2.5 years in prison, and a maximum of five years and a $15,000 fine.

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 eight grams or less is a misdemeanor punishable by up to 30 days in jail and $500 in fines. Possession of more than eight 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 sale. Possession or sale of marijuana paraphernalia is a misdemeanor with a maximum penalty of one year in jail 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.

MEDICAL MARIJUANA

Pennsylvania has medical marijuana laws in place for those suffering from a long list of conditions.

Qualifying conditions

  • ALS (Lou Gehrig’s disease)
  • Autism
  • Cancer
  • Crohn’s disease
  • Dyskinetic/spastic movement disorders
  • Epilepsy
  • Glaucoma
  • HIV/AIDS
  • Huntington’s disease
  • Inflammatory bowel disease
  • Intractable seizures
  • Intractable spasticity
  • Multiple Sclerosis
  • Opioid dependency
  • Neurodegenerative disorders
  • Neuropathies
  • Parkinson’s disease
  • Post-traumatic stress disorder
  • Sickle cell anemia
  • Severe chronic or intractable pain
  • Terminal illness (defined as 12 months or fewer to live)

Patient possession limits – 30-day supply. Patients are not permitted to consume marijuana by smoking.

Home cultivation – No

State-licensed dispensaries – Yes

Caregivers – Yes

Reciprocity –  It does not violate state law “if a parent or guardian of a minor under 18 years of age lawfully obtains medical marijuana from another state, territory of the United States or any other country to be administered to the minor.”

PENALTIES

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
More than 30g Felony 2.5 – 5 years $ 15,000
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.

Cultivation

Any number of plants Felony 2.5 – 5 years $ 15,000

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 2.5 – 5 years $ 15,000
Penalties listed are for hashish. (Concentrates are not further defined.)
Penalties for selling or trafficking hashish 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 6 – 12 mos $ 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, and delivery of any controlled substance.