Felony Possession of Marijuana


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Although marijuana is one of the most-used drugs in Philadelphia and has recently been legalized for medical use for patients suffering from certain qualifying conditions, it is still recognized as a Schedule I drug in Pennsylvania. Under the new medical marijuana law, some authorized growers, producers, and dispensaries can handle sizable amounts for individuals with an identification card, you can still face serious felony charges if you do not have proper authorization and are caught with a large amount of marijuana. That’s why, if you find yourself charged with felony marijuana possession, you’ll want to seek help from an experienced Philadelphia federal marijuana attorney.

As an experienced Philadelphia criminal defense lawyer and member of the Medical Marijuana Committee of the Philadelphia Bar Association, Michael Fienman is at the forefront of cannabis law in Philadelphia and across Pennsylvania. If you have questions about medical marijuana, have been charged with a marijuana-related crime, or are interested in obtaining authorization as part of the cannabis industry, contact attorney Fienman at (215) 839-9529 or complete our online form.

What You Need To Know About Felony Possession of Marijuana

  • Possessing more than 30 grams of marijuana you can be punished with one year in jail and/or a $5,000 fine.
  • You will lose your driver’s license for six months.

What To Do If You Have Been Charged

If you are caught with marijuana, it is important that you do not make any statements to the arresting officer about the drugs.

As with most criminal charges, you should not talk to the police or prosecutors without your attorney by your side. What you say can be taken out of context and used against you. If the police question you, tell them you want a lawyer and politely refuse to answer their questions.

What A Philadelphia Federal Marijuana Attorney Can Do

Your attorney will examine the alleged facts to first determine if there was probable cause to charge you lawfully.

  • If you were stopped in your car, your defense attorney will find out if there was probable cause to pull you over and to search you and the vehicle. Your lawyer will look for ways to have any evidence suppressed.
  • Police will often discover someone is smoking marijuana because they smell its distinctive odor. This smell is considered by the Pennsylvania courts to be probable cause to search the smoker and their car.
  • If the marijuana belonged to someone else, your lawyer will try to find proof that it was not yours.

How A Philadelphia Criminal Defense Lawyer Will Help

When you are up against a felony possession of marijuana charge, you will be facing inflexible laws and a determined prosecutor. You will need a defense attorney with a strong understanding of drug laws who can help you achieve the best possible outcome for your situation.

Pennsylvania Felony Marijuana Possession Law

Marijuana charges are described and defined under The Pennsylvania Code under Title 35 Chapter 6. Read the code here.

Questions? Contact us today.

If at all possible, Fienman Defense will try to get the charges against you dismissed. Based on the evidence and the constraints of mandatory sentencing, we will work hard to get your penalties lowered. And if your case goes to court, Fienman Defense will fight to win an acquittal.