| 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 |
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 Web Search
- 35 P.S. §780-113(a)(16) Web Search
- 35 Pa.C.S.A. 780-113(a)(31) Web Search
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 Web Search
- 18 PA. Cons. Stat. § 106 Web Search
- 18 PA. Cons. Stat. § 1101 Web Search
- 18 PA. Cons. Stat. § 1103 Web Search
- 18 PA. Cons. Stat.§ 1104 Web Search
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 Web Search
- 18 PA. Cons. Stat. § 106 Web Search
- 18 PA. Cons. Stat. § 1101 Web Search
- 18 PA. Cons. Stat. § 1103 Web Search
- 18 PA. Cons. Stat. § 1104 Web Search
Hash & Concentrates
Hashish is a Schedule I drug.
See
- 35 PA. Cons. Stat. §780-102 Web Search
- 35 PA. Cons. Stat. §780-104(i)(iii)(16) Web Search
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) Web Search
- 35 PA. Cons. Stat. §780-113(b) Web Search
- 35 PA. Cons. Stat. §780-113(g) Web Search
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) Web Search
- 35 PA. Cons. Stat. §780-113(f)(2) Web Search
- 35 PA. Cons. Stat. §780-115(a) Web Search
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) Web Search
- 35 PA. Cons. Stat. §780-113(a)(31)-(34) Web Search
- 35 PA. Cons. Stat. §780-113(i) Web Search
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 Web Search
- 35 Pa.C.S.A. 780-113(a)(32) Web Search
- 18 PA. Cons. Stat. § 106 Web Search
- 18 PA. Cons. Stat. § 1101 Web Search
- 18 PA. Cons. Stat. § 1103 Web Search
- 18 PA. Cons. Stat. § 1104 Web Search
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 Web Search
- 18 PA. Cons. Stat. § 106 Web Search
- 18 PA. Cons. Stat. § 1101 Web Search
- 18 PA. Cons. Stat. § 1103 Web Search
- 18 PA. Cons. Stat. § 1104 Web Search
More Information
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
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. 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. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
LOCAL DECRIMINALIZATION
This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
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.