Pennsylvania Marijuana Laws

Possession of Marijuana

In Pennsylvania, possession of 30 grams of marijuana or less is a misdemeanor punishable by 30 days in jail and/or a $500 fine.

Possession of more than 30 grams of marijuana is a misdemeanor with a maximum penalty of one year in jail and/or a $5,000 fine.

Those charged with a first-time possession of marijuana charge may be eligible for conditional release, which means the person would be sentenced to probation for as long as a year as opposed to being forced to serve jail time.

Second or subsequent convictions may be punishable by a double jail time and/or fines.

Sale or Distribution of Marijuana

Distribution of 30 grams or less of marijuana in Pennsylvania for no for personal use is a misdemeanor that is punishable by as many as 30 days in jail and/or a fine of up to $500.

The sale of less than 1,000 pounds of marijuana in Pennsylvania is a felony punishable by up to three years in jail and/or a $25,000 fine. For those with a prior drug conviction, the mandatory sentence is three years and the mandatory fine is $25,000.

It should be noted that the courts are authorized to increase the fines beyond that maximum.

The sale of two to 10 pounds of marijuana in Pennsylvania carries a mandatory minimum sentence of one year in jail and/or a $5,000 fine.

However, it should be noted that these penalties are doubled if the conviction is a second or subsequent drug offense, or if the defendant sold to a minor.

Sale of more than 1,000 pounds of marijuana in Pennsylvania is a felony with a maximum penalty of 10 years in prison and/or a $100,000 fine. These penalties are doubled if the conviction is a second or subsequent drug offense or if the sale is to a minor.

Delivery of marijuana within 1,000 feet of a school, or within 250 feet from a playground is punishable by two to four years in prison.

If you are 21 years old or older and you sold marijuana to a minor, the offense is a felony, and penalties are doubled if convicted.

Cultivation

Possession of 10 to 21 marijuana plants is a felony - an offense that may be punishable by a mandatory one-year sentence and/or a $5,000 fine. The penalty may be doubled if the conviction is a second or subsequent offense.

Possession of 22 to 51 marijuana plants is a felony that may be punishable by a mandatory three-year sentence and/or a $15,000 fine. If the defendant has been previously convicted of this offense, the penalty could be doubled.

Hash & Concentrates

In Pennsylvania, possessing less than 8 grams of hashish or marijuana concentrate is a misdemeanor punishable by a fine no greater than $500 and/or a jail sentence of more than 30 days. Possessing more than 8 grams is a misdemeanor punishable by a fine no greater than $5,000 and/or a jail sentence of no more than one year.

Manufacturing hashish or concentrates is a felony that carried a fine of no more than $15,000 and/or a jail sentence of no more than five years. Subsequent convictions are punishable by a fine of no more than $30,000 and/or a term of imprisonment no greater than 10 years.

Paraphernalia

Possessing or selling paraphernalia in Pennsylvania is a misdemeanor that carries a penalty of as much as one year in jail and/or a fine of no more than $2,500. Delivering paraphernalia to a minor who is three or more years his or her junior is a second-degree misdemeanor that carries a penalty of as many as two years in jail and/or fine of as much as $5,000.