Jonah Patel
Marijuana laws in Pennsylvania are quite strict, with the state adopting a zero-tolerance approach to driving under the influence of the drug. While marijuana possession is a crime under state law, some local jurisdictions have decriminalized the possession of small amounts. In Philadelphia, for example, possessing 30 grams or less is a civil violation with a $25 fine. However, the sale of more than 30 grams is a felony, punishable by 2.5 to 5 years in jail and a $15,000 fine for a first offense. The weight of the plant is a critical factor in determining felony or misdemeanor charges.
| Characteristics | Values |
|---|---|
| Possession of marijuana for personal use | Misdemeanor |
| Possession with intent to deliver, deliver, or manufacture marijuana | Felony |
| Possession of marijuana paraphernalia | Misdemeanor |
| Possession of marijuana with intent to deliver within 1,000 ft of a school or within 250 ft of a recreational playground | Felony, punishable by 2-4 years in prison |
| Distribution of marijuana to a minor by someone over the age of 21 | Felony, punishable by double penalties upon conviction |
| Growing marijuana | Felony, punishable by 2.5-5 years in prison and a $15,000 fine |
| Sale of more than 30 grams of marijuana | Felony, punishable by 2.5-5 years in prison and a $15,000 fine for the first offense |
| Possession of less than 30 grams of marijuana in Philadelphia | Treated as a civil violation with a $25 fine |
| Driving under the influence of marijuana in Pennsylvania | Up to six months in jail, a $5,000 fine, and a one-year driver's license suspension for first-time offenders |
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What You'll Learn
Possession of marijuana for personal use is a misdemeanour
In Pennsylvania, possession of marijuana for personal use is a misdemeanour. The weight of the plant is the most significant factor in determining whether someone will be charged with a felony or misdemeanour. Possession of a small amount of marijuana for personal use is a misdemeanour, but possession with intent to deliver or distribute is a felony.
In Pennsylvania, possession of marijuana for personal use is punishable by up to one year in jail and a fine of up to $5,000 for a first offence. A second conviction carries a maximum penalty of two years in jail and a $10,000 fine.
The state has a medical marijuana program, and marijuana is recognised as a valuable aid in treating a range of conditions, including pain relief, nausea, glaucoma, and movement disorders.
Local jurisdictions in Pennsylvania have enacted laws that partially or fully decriminalise minor cannabis possession offences. For example, in Philadelphia, possessing 30 grams or less of marijuana is treated as a civil violation rather than a criminal offence, resulting in a $25 fine.
It is also illegal to possess marijuana paraphernalia, which is broadly defined as any device used to introduce marijuana into the body or store it. Possession of paraphernalia is a misdemeanour punishable by up to one year in jail and a $2,500 fine.
It's important to note that the penalties for marijuana possession in Pennsylvania can vary, and there may be defences available if charged with a marijuana-related offence.
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Sale of more than 30 grams is a felony
In Pennsylvania, the sale of more than 30 grams of marijuana is a felony. The punishment for a first offense includes 2.5 to 5 years in jail and a $15,000 fine. The penalties for marijuana crimes in Pennsylvania vary by the weight of the plant matter seized. The state has local jurisdictions that have enacted municipal laws or resolutions to partially or fully decriminalize minor cannabis possession offenses.
In addition, delivering marijuana within 1,000 feet of a school or within 250 feet of a recreational playground is punishable by 2 to 4 years in prison. Distribution to a minor by someone over the age of 21 is a felony and brings doubled penalties upon conviction.
Pennsylvania law defines "paraphernalia" as anything used to introduce marijuana into the body or store or conceal it. Possession of marijuana paraphernalia is a misdemeanor punishable by up to one year in jail and a $2,500 fine.
It is important to note that the Pennsylvania Sentencing Guidelines allow for conditional release or alternative sentencing for people facing their first prosecutions. After successfully completing probation, the individual's criminal record does not reflect the charge.
Furthermore, the state has a medical marijuana program. To legally purchase and use medical marijuana in Pennsylvania, individuals must obtain a medical marijuana ID card and purchase approved products from licensed dispensaries.
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Possession with intent to deliver is a felony
In Pennsylvania, possession of marijuana for personal use is a misdemeanour. However, possession with intent to deliver is a felony. This means that if you are found with marijuana and are believed to be dealing or distributing it, you will be charged with felony Possession With Intent to Deliver a Controlled Substance. The penalties for this crime can be severe, including up to 10 years in prison and a $100,000 fine, depending on the quantity of marijuana involved.
The weight of the plant is the biggest factor that law enforcement considers when deciding whether to file felony or misdemeanour charges. Even if a defendant intended to use a large amount of marijuana for personal use, they may still be charged with possession with intent to deliver based on the weight alone. For example, possessing 30 grams or less of marijuana in Philadelphia is treated as a civil violation rather than a criminal offence and carries a $25 fine. However, selling more than 30 grams is considered a felony and is punishable by 2.5 to 5 years in jail and a $15,000 fine for a first offence.
Additionally, growing marijuana, even without the intention of selling it, is always considered a felony in Pennsylvania and is punishable by 2.5 to 5 years in prison and a $15,000 fine. The state's sentencing guidelines allow for a sentence of probation for a person with no prior record who is convicted of dealing or growing marijuana. However, these guidelines can be trumped by mandatory minimum sentences, such as the "school zone" provision, which imposes stricter penalties for drug crimes that occur within a certain distance of schools or playgrounds.
It is important to note that Pennsylvania has medical marijuana laws in place, allowing for the use of cannabis extracts that are high in CBD and low in THC for medicinal purposes with a physician's recommendation. The state also has local jurisdictions that have enacted laws or resolutions partially or fully decriminalizing minor cannabis possession offences. However, it is still illegal to possess marijuana paraphernalia, and penalties for this offence can include up to a year in jail and a $2,500 fine.
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Manufacturing hashish is a felony
In Pennsylvania, manufacturing hashish is a felony punishable by a maximum fine of $15,000 and/or a prison sentence of up to 5 years. Subsequent convictions for manufacturing hashish carry heavier penalties, with fines not exceeding $30,000 and/or imprisonment for no more than 10 years. Any equipment used in the manufacturing process is considered drug paraphernalia, and possession of such devices is a misdemeanour punishable by a maximum fine of $2,500 and/or up to a year in prison.
While marijuana possession is generally illegal in Pennsylvania, some local jurisdictions have decriminalised the possession of small amounts of marijuana. For example, in Philadelphia, possessing 30 grams or less of marijuana is treated as a civil violation, resulting in a $25 fine. The state has also enacted a low-THC law, permitting the use of cannabis extracts with high CBD and low THC content for medical purposes, provided a physician has recommended this treatment for a qualifying condition.
Hashish, also known as hash, is a form of cannabis created by compressing or purifying trichomes, which are marijuana resin glands. The finished product can be solid or paste-like, with varying levels of THC content. While marijuana laws have become more lenient over time, hashish production is still treated with harsh penalties in some states, such as California.
In California, manufacturing hashish is a felony, with potential jail time ranging from two to seven years and a maximum fine of $50,000. The specific penalties depend on the defendant's criminal history and the circumstances of the case. For instance, defendants with prior convictions for serious violent felonies or sex crimes may face felony charges for unlawful hashish production, while non-violent first and second-time offenders may be eligible for diversion to a drug treatment program.
The process of creating hashish can be dangerous, carrying a risk of serious injury or death if not conducted properly and in a controlled environment. Therefore, individuals charged with manufacturing hashish should consult a trusted drug crime defence attorney to understand the specific charges and potential penalties they may face.
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Driving under the influence of marijuana is subject to severe penalties
Pennsylvania has a zero tolerance policy for driving under the influence of drugs (DUID). Driving under the influence of marijuana is illegal in the state and carries severe penalties. Pennsylvania's DUI statute defines DUI as driving, operating, or being in control of a vehicle after ingesting enough alcohol to result in a blood alcohol level over .08% within two hours of driving, or impairment such that the individual is rendered incapable of safely driving. The statute also includes driving under the influence of controlled substances, which includes marijuana.
Pennsylvania has a per se drugged driving law for cannabis, which means that a person can be charged with a DUI for having any amount of marijuana in their system over one nanogram per milliliter. This is an extremely low threshold, and the penalties for driving under the influence of marijuana in Pennsylvania are stringent, reflecting the state's strict liability for any detectable level of marijuana in a driver's system.
The penalties for a first-time offender charged with driving under the influence of marijuana in Pennsylvania include up to six months in jail, a fine of up to $5,000, and a one-year driver's license suspension. A first offense is considered a misdemeanor. Additional consequences may include mandatory attendance at an alcohol highway safety school and possible court-ordered drug treatment.
Subsequent offenses carry harsher penalties. A second offense is also a misdemeanor but carries a minimum sentence of 90 days to five years in prison, fines between $1,500 and $10,000, and an 18-month license suspension. The offender will also be required to undergo mandatory drug treatment and may be subject to the installation of an ignition interlock device. A third or subsequent offense is classified as a felony, with penalties including one to five years in prison, fines ranging from $2,500 to $10,000, and an 18-month license suspension. Additional penalties for a third offense include mandatory drug treatment and long-term monitoring through the ignition interlock program.
It is important to note that Pennsylvania law allows for conditional release or alternative sentencing for people facing their first prosecutions. Conditional release lets a person opt for probation rather than trial, and if probation is successfully completed, the individual's criminal record does not reflect the charge.
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Frequently asked questions
Possession of marijuana for personal use is a misdemeanor. Possession with intent to deliver (PWID), delivery, or manufacture of marijuana is a felony. The weight of the plant is the biggest factor in determining whether charges will be a felony or misdemeanor.
Possession of 30 grams or less of marijuana is treated as a civil violation in Philadelphia, punishable by a $25 fine. However, the sale of more than 30 grams is a felony punishable by 2.5 to 5 years in jail and a $15,000 fine for a first offense.
Growing marijuana, even without the intention of selling it, is a felony punishable by 2.5 to 5 years in prison and a $15,000 fine. Possession of marijuana paraphernalia is also illegal and punishable by up to a year in jail and a $25,000 fine.
