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Pennsylvania Laws & 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.

Penalty Details

Marijuana is a Schedule I controlled substance.

See

Possession

Possession of 30 grams or less of flower or 8 grams or less of hashish (concentrates are not further defined) is a misdemeanor punishable by 30 days in jail and/or a $500 fine.

Possession of more than 30 grams of flower or more than 8 grams of hashish is a misdemeanor with a maximum penalty of 6 - 12 months incarceration and a $5,000 fine. A second or subsequent conviction carries a maximum penalty of $25,000 fine and maximum of 18 - 36 months incarceration.

First possession conviction is eligible for conditional release, wherein the offender gets probation for up to a year instead of jail time.

A second or subsequent conviction can lead to a doubled penalty.

See

  • 35 PA. Cons. Stat § 780-113
  • 35 P.S. §780-113(a)(16)
  • 35 Pa.C.S.A. 780-113(a)(31)

Sale or Distribution

Distribution of 30g or less of marijuana without compensation is a misdemeanor punishable by up to 30 days in jail and a fine of up to $500.

Sale of more than 30 grams is a felony punishable by 2.5 - 5 years in jail and a $15,000 fine for a first offense.

Delivery of marijuana within 1,000 ft of a school or within 250 ft. of recreational playground is punishable by 2-4 years in prison.

Distribution to a minor by one over the age of 21 is a felony and brings doubled penalties upon conviction.

See

  • 35 PA. Cons. Stat.§ 780-113
  • 18 PA. Cons. Stat. § 106
  • 18 PA. Cons. Stat. § 1101
  • 18 PA. Cons. Stat. § 1103
  • 18 PA. Cons. Stat.§ 1104

Cultivation

Growing marijuana, even with no intention of selling it, is a felony and is punishable by 2.5 to 5 years in prison and $15,000 in fines. The Pennsylvania Sentencing Guidelines state that possession with intent to deliver less than 10 plants is felony.

See

  • 35 PA. Cons. Stat. § 780-113
  • 18 PA. Cons. Stat. § 106
  • 18 PA. Cons. Stat. § 1101
  • 18 PA. Cons. Stat. § 1103
  • 18 PA. Cons. Stat. § 1104

Hash & Concentrates

Hashish is a Schedule I drug.

See

  • 35 PA. Cons. Stat. §780-102
  • 35 PA. Cons. Stat. §780-104(i)(iii)(16)

Possessing less than 8 grams of hashish (concentrates are not further defined) is a misdemeanor punishable by a fine no greater than $500 and/or a term of imprisonment no greater than 30 days. Possessing more than 8 grams of hashish is a misdemeanor punishable by a fine no greater than $5,000 or a term of imprisonment no greater than 6 - 12 months.

See

  • 35 Pa.C.S.A. 780-113(a)(31)
  • 35 PA. Cons. Stat. §780-113(b)
  • 35 PA. Cons. Stat. §780-113(g)

Manufacturing hashish is a felony punishable by a fine no greater than $15,000 and/or a term of imprisonment no greater than 5 years. Subsequent convictions for manufacturing hashish are punishable by a fine no greater than $30,000 and/or a term of imprisonment no greater than 10 years.

See

  • 35 PA. Cons. Stat. §780-113(a)(30)
  • 35 PA. Cons. Stat. §780-113(f)(2)
  • 35 PA. Cons. Stat. §780-115(a)

The offenses and penalties for selling or trafficking hashish are the same as the trafficking penalties for marijuana. For more information see Pennsylvania's marijuana laws section of this website.

Any device or equipment used to manufacture or create hashish is considered drug paraphernalia. Possession of any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year. Manufacturing or selling any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year. If any such device or equipment was sold to a minor, the offense is a misdemeanor of the second degree punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 2 years. Advertising the sale of any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year.

See

  • 35 PA. Cons. Stat. §780-102(b)
  • 35 PA. Cons. Stat. §780-113(a)(31)-(34)
  • 35 PA. Cons. Stat. §780-113(i)

Paraphernalia

Possessing or selling paraphernalia is a misdemeanor punishable with a maximum of 6 - 12 months incarceration and a fine of not more than $2,500. Delivering paraphernalia to a minor who is 3 or more years his junior is a second-degree misdemeanor punishable by not more than 2 years and a fine not exceeding $5,000.

See

  • 35 PA. Cons. Stat. § 780-113
  • 35 Pa.C.S.A. 780-113(a)(32)
  • 18 PA. Cons. Stat. § 106
  • 18 PA. Cons. Stat. § 1101
  • 18 PA. Cons. Stat. § 1103
  • 18 PA. Cons. Stat. § 1104

Sentencing

Sentencing for marijuana crimes in PA varies by the weight of the plant matter seized.

In PA, all first time drug convictions have the possibility for probation for a first offense.

A second or subsequent drug related conviction makes the offender eligible for double penalties.

See

  • 35 PA. Cons. Stat. § 780-113
  • 18 PA. Cons. Stat. § 106
  • 18 PA. Cons. Stat. § 1101
  • 18 PA. Cons. Stat. § 1103
  • 18 PA. Cons. Stat. § 1104

Miscellaneous

The department shall suspend the operating privilege of any person upon receiving a certified record of the person's conviction of any offense involving the possession, sale, delivery, offering for sale, holding fr sale or giving away of any controlled substance under the laws of the US, this Commonwealth or any other state. (1st offense six months, 2nd one year, 3+ two years).

See

  • PA. Cons. Stat. § 1532(c)
Conditional Release

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Drugged Driving

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.