Pennsylvania Marijuana Laws

While medical marijuana has been legal in the Keystone State since 2018, adult-use recreational cannabis remains illegal and subject to penalty. Senate Bill 3 (SB 3), also known as the Medical Marijuana Act, became law in 2016.

Despite the success of the medical marijuana program and strong support among Pennsylvanians for adult use of recreational cannabis, efforts to legalize cannabis have stalled. Gov. Josh Shapiro and the lawmakers of the Democrat-controlled state house have been unable to get any bills past the Republican-controlled senate. There is still a possibility it will become law in 2025.

While medical marijuana use is legal in Pennsylvania, there are significant regulations and limits within the program. This article will explain how Pennsylvania's medical marijuana program works, what challenges you may encounter, and how to enroll. It will discuss possession and distribution penalties, which municipalities have decriminalized small amounts of marijuana, and the risk involved with any marijuana plant cultivation.

Pennsylvania Marijuana Laws: What Do I Need To Know?

As of February 2025, only patients and caregivers in the Pennsylvania Medical Marijuana program can possess and use marijuana in the state. Yet, this law does not apply on federal lands such as national parks, on military bases, and in federal courtrooms. Under federal law, marijuana is a Schedule I drug, as per the Controlled Substances Act (CSA).

There is much speculation that a federal reclassification of marijuana is imminent. Given the penalties for possession for a federal offense, make sure you confirm legal changes on the use of cannabis before taking any chances. Although recreational marijuana is illegal in Pennsylvania, it is now legal for those 21 and older in neighboring states like Ohio, New York, and New Jersey. But crossing state lines with marijuana could lead to federal charges.

Smoking marijuana is illegal in Pennsylvania. This is true for medical patients as well, who have other methods of intake available. Possession by non-patients is prohibited. First-offenders arrested with under 30 grams/1.06 ounces of marijuana are eligible for probation and drug education classes instead of jail.

All sales not taking place in state-licensed medical marijuana dispensaries are illegal. Medical marijuana patients can't share or gift their cannabis or cannabis products. The cultivation of even a single cannabis plant is against Pennsylvania law and carries severe penalties.

Operating a motor vehicle while under the influence of cannabis carries the same law enforcement penalties as an alcohol-caused DUI. Because cannabis can remain in the bloodstream for up to a month, medical marijuana patients need to be careful when driving.

Some Pennsylvania municipalities have decriminalized the possession of small amounts of marijuana for personal use. While this doesn't legalize the possession of cannabis, it makes the violation a civil infraction instead of a misdemeanor and jail time. Some of the participating jurisdictions include:

• Philadelphia (2014) — Up to 30 grams/1.06 ounces — fine of up to $25
• Pittsburgh (2015) — Up to 30 grams/1.06 ounces — fine of up to $25
• York (2017) — Up to 30 grams/1.06 ounces — fine of up to $100
• Lancaster (2018) — Up to 28 grams/1 ounce — fine between $25-$75
• Erie (2018) — Up to 30 grams/1.06 ounces — fine of up to $25
• Allentown (2018) — Up to 30 grams/1.06 ounces — fine of up to $25

This is not an exhaustive list. Check the ordinances near you to see if your area has a decriminalization policy.

The possession of marijuana paraphernalia is a misdemeanor in Pennsylvania. A conviction carries up to one year in jail and a fine of up to $2,500. The container marijuana gets carried in, such as a plastic baggie or a pill bottle, can be paraphernalia.

How Does the Medical Marijuana Program Work in Pennsylvania?

The Medical Marijuana Program is the only legal way to buy, possess, and use marijuana and marijuana products in Pennsylvania. The Pennsylvania Department of Health runs the program, and the Medical Marijuana Advisory Board oversees it.

To qualify for the program, prospective patients must first register at the Pennsylvania Medical Marijuana Registry. This will give them an ID number, which they'll need for their meeting with a state-certified physician. The doctor will assess the patient's need for medical marijuana, which is based on the patient suffering from one or more of the following severe medical conditions:

• Multiple sclerosis (MS)
• Amyotrophic lateral sclerosis (ALS)
• Terminal illness
• Anxiety disorders
• Autism
• HIV/AIDS
• Cancer, including remission therapy
• Parkinson's disease
• Chronic Hepatitis C
• Post-traumatic stress disorder (PTSD)
• Crohn's disease
• Central nervous system (brain-spinal cord) damage
• Severe chronic or intractable pain
• Dyskinetic and spastic movement disorders
• Opioid use disorder
• Epilepsy
• Glaucoma
• Huntington's disease
• Inflammatory bowel disease
• Intractable seizures
• Neurodegenerative diseases
• Neuropathies
• Sickle cell anemia
• Tourette syndrome

The state has added conditions several times. If you don't see yours or aren't sure if you qualify, speak to your doctor or contact the Department of Health.

If approved, your Medical Marijuana ID Card will cost $50. Those on Medicaid, SNAP, PACE/PACENET, WIC, and CHIP can get this waived. A digital copy should show up in under a week, while the physical card will arrive within 14-21 days. Patients can use either to make purchases at a cannabis dispensary.

Medical marijuana patients can buy up to a 90-day supply of cannabis and cannabis products at a dispensary. The physician determines the amount of the supply, but the state caps it at 192 medical marijuana units in that period. A single medical marijuana unit is:

• 3.5 grams/0.124 ounces of cannabis leaf
• 1 gram/0.35 ounces of cannabis concentrate or
• 100 milligrams/0.35 ounces THC in pills, capsules, oils, liquids, tinctures, or topicals

A 192 MMU allotment would be:

• 672 grams/23.7 ounces of cannabis leaf
• 192 grams/6.773 ounces of cannabis concentrate
• 192 grams/6.773 ounces THC in pills, capsules, oils, liquids, tinctures, or topicals

A reminder that while you can buy cannabis leaf, it's not legal to smoke marijuana in Pennsylvania. The leaf is for vaporization use, and Gov. Thomas Wolf in 2018 made it legal.

Medical marijuana patients and caregivers can get a 30-day supply during the final seven days of the 90-day period. As mentioned before, neither patients nor caregivers can cultivate marijuana plants in Pennsylvania.

Pennsylvania Marijuana Law Penalties

The table below recaps what you've learned above while adding the penalties associated with marijuana crimes in Pennsylvania.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult a Pennsylvania drug law attorney or conduct independent legal research to verify any Pennsylvania state laws you are reviewing.

Pennsylvania Marijuana Laws: Related Resources

• Medical Marijuana Laws by State
• Pennsylvania Law
• Marijuana Legalization and Decriminalization Overview
• Cannabis Law Section

Get Professional Legal Help With Your Marijuana Case

Adult-use marijuana in Pennsylvania is illegal, and medical marijuana use has many restrictions. Marijuana offenses carry penalties that can alter your life. If you need legal advice about a marijuana charge, consider speaking with a Pennsylvania defense attorney. They can check your situation and help you choose the best path forward.