Pennsylvania law

Summary of Marijuana Laws in Pennsylvania

Nov 24, 2010 - Pittsburgh Norml

Pittsburgh NORML

Details

Possession of 30 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. The penalties for possession of greater than 30 grams increase to a possible one year in prison and a fine up to $5,000. Delivery for no remuneration of 30 grams or less of marijuana is treated as possession with a possible penalty of 30 days in jail and a fine up to $500. Cultivation, delivery or sale of 1,000 pounds or less is punishable by up to five years in prison and a fine of up to $15,000. For amounts greater than 1,000 pounds, the penalty increases to a possible 10 years in prison and a fine up to $100,000. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime. Sale or distribution to a minor by a person over the age of 21 doubles the possible penalties. 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. Possession or sale of paraphernalia is punishable by up to one year in jail and a fine up to $2,500, unless the sale was to a minor, in which case the possible penalties double. For first offenders, the court may grant probation without verdict. Any second or subsequent drug conviction increases the possible penalties to twice those for first time offenders.

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.

 Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

 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 any 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 threshold. For more information, see NORML's Drugged Driving (DUID) report.