• News from The Law Office of Sharif N. Abaza

Category Archives: Drug Crimes

Marijuana Under Pennsylvania Law

marijuana in PA

The possession, sale, trafficking, and cultivation of marijuana is illegal in all states except Colorado and Washington (where it is tightly regulated). Marijuana remains illegal in Pennsylvania. Polls show a wave of support for medicinal marijuana in Pennsylvania, and a bill to legalize medicinal marijuana has bi-partisan support. So there’s a possibility the law could change, but until then Pennsylvania law still makes it a crime to possess marijuana.

Pennsylvania Marijuana Statutes

—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

—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

Notwithstanding state marijuana laws, federal law criminalizes the possession and sale of marijuana by way of the Controlled Substance Act. 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.

The Law Office of Sharif N. Abaza's photo.