If you have been charged with a marijuana offense in Pennsylvania, it is important to understand your rights and legal options. There are a variety of charges and penalties you can face, depending on the nature of the offense.
Marijuana is a Schedule 1 controlled substance in Pennsylvania. It is illegal for people to possess, consume or sell it.
Medical Marijuana
The Pennsylvania medical marijuana program was passed by the state legislature in 2016. It allows doctors to recommend the use of marijuana for certain qualifying conditions.
In order to obtain a medical marijuana card in Pennsylvania, you must first visit an approved physician and have them issue you a certification for your condition. Once you’ve received your certification, you can purchase cannabis from dispensaries licensed by the state of Pennsylvania.
You can only possess up to a 90-day supply of medical marijuana and it’s important not to exceed these limits. If you are found with more than this amount, you could be subject to serious criminal penalties.
Once you’ve registered with the PA DOH, you can pay for your ID card through their patient portal. Once you’ve paid, the ID card will print and you’ll receive it in the mail within 14 days.
Recreational Marijuana
Recreational marijuana is legal for adults over 21 in Pennsylvania, and it’s regulated like alcohol. It is sold in state-licensed dispensaries and in certain retail stores.
Medical marijuana is legal in the state for patients with qualifying conditions and a doctor’s prescription. It’s a safe, effective alternative to opioids and other dangerous drugs.
It’s also cheaper and better regulated than pharmaceutical medicines. But there are a few key things to remember when purchasing cannabis in PA.
In addition to federal law, Pennsylvania still prohibits smoking marijuana in public places and has strict limits on how much a patient may possess. A violation could result in civil infractions and even misdemeanor charges.
However, it’s likely that recreational weed will be legal soon in the state. Governor Tom Wolf has endorsed it, and the legislature is expected to vote on it next year.
Penalties For Possession
Despite the trend toward legalization across the country, marijuana remains illegal under federal law. That means that even a small amount can be illegal, and possession of marijuana carries significant criminal penalties.
A simple possession charge can result in a $500 fine and up to 30 days in jail, while a more serious misdemeanor can bring up to one year in jail and a $5,000 fine. Additionally, you could be charged with driving under the influence of a cannabis metabolite found in your bloodstream.
Marijuana cultivation is also a felony in Pennsylvania and can carry up to five years in prison and $15,000 in fines depending on the number of plants cultivated.
Defendants can avoid these penalties if they apply for admission into pre-trial diversion programs. These programs allow defendants to receive counseling and community service rather than being sentenced to jail.
Penalties For Distribution
If you are arrested in Pennsylvania for distribution, there is a range of penalties that may apply. First-time offenders can be eligible for conditional release and a fine instead of jail time. However, subsequent convictions will result in double jail time and fines.
It’s also important to understand that distributing any amount of marijuana in Pennsylvania can be considered a felony, regardless of whether it was medical or recreational. For example, if you sell or distribute more than 30 grams, you could face up to five years in prison and a $15,000 fine.
Moreover, delivering any amount of marijuana within 1,000 feet of a school or 250 feet of a playground is punishable by up to 2 and half years in prison. It is also a felony to sell marijuana to a minor, as well as to anyone with a prior drug conviction.
If you are charged with a drug crime, it is vital that you hire a criminal defense lawyer as soon as possible. An experienced attorney will fight to get your charges dropped or reduced so that you can move on with your life.
