Created by FindLaw's team of legal writers and editors | Last reviewed July 13, 2021
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State laws governing marijuana seem to be ever-chaging these days. From legalization and decriminalization in some states, to legalizing medical marijuana in others, it seems impossible to keep track of which laws apply where. The same is true for our Keystone State, with Pennsylvania permitting the use of medical marijuana but not recreational use.
The possession, sale, trafficking, and cultivation of marijuana is illegal in most states, but a growing number of states have legalized its use. Nearly half of all states allow the medicinal use of cannabis.
Recreational marijuana remains illegal in Pennsylvania and the law still makes it a crime to possess marijuana.
The following chart highlights the main provisions of Pennsylvania marijuana laws.
Code Section |
Tit. 35 §780-101, et seq. |
Possession |
Under 30 g.: misdemeanor, 30 days and/or $500; Over 30 g.: misdemeanor, 1 yr. and/or $5000 Subsequent offense over 30g.: 3 yrs. and/or $25,000 |
Sale |
Over 1000 lbs.: felony, up to 10 yrs. and/or $100,000 or enough to recoup drug profit; Subsequent offense or sale to minor: double penalties |
Trafficking |
- |
Notwithstanding state marijuana laws, federal law criminalizes the possession and sale of marijuana by way of the Controlled Substance Act. And in cases where state and federal law conflict, federal law always wins out. Up to this point, most federal law enforcement agencies have not shown a great deal of interest in intruding on states’ handling of the majority of marijuana cases. That being said, the federal government still has the authority to penalize everything from simple pot possession to the manufacturing and cultivation as well as trafficking and distribution of marijuana.
As you can see, state marijuana laws and where they overlap with federal prohibitions are constantly changing. You can contact a Pennsylvania drug crime attorney in your area if you would like to know your rights or need help with an existing drug case. You can also visit FindLaw's Drug Charges section for more additional and resources.
Of all the possible drug charges in Pennsylvania and in other states, those involving marijuana tend to be the least severe. Still, a conviction on cannabis charges can derail your career or have other lasting effects. To get a head start on your case, consider reaching out to an experienced Pennsylvania defense attorney today.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Pennsylvania attorneys offer free consultations for Drug Crime.