Possession of Marijuana in Pennslyvania

Although it has been decriminalized in some parts of the state and will soon be available for medical use by patients with certain serious conditions, in the Commonwealth of Pennsylvania possession of recreational marijuana is still a crime. If you are caught with marijuana in Philadelphia and you don’t have a doctor’s recommendation, you can be sent to jail and/or fined, requiring legal help from an experienced possession of marijuana attorney in Pennsylvania.

As an experienced 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 or have been charged with a marijuana-related crime, contact attorney Fienman at (215) 839-9529 or complete our online form.

What You Need To Know About Possession of Marijuana

• Possessing 30 grams or less of marijuana for your own personal use is a misdemeanor in Pennsylvania. You can draw up to 30 days in jail and/or a $500 fine.
• If you are caught with more than 30 grams of marijuana, your penalty will increase to up to one year in jail and/or a $5,000 fine.
• You will lose your driver’s license for six months.
• Probation is possible for a first offense.

What To Do If You Have Been Charged

If you are caught with pot in your possession, 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 Criminal Defense Attorney Can Do for You

Your possession of marijuana attorney in Pennsylvania 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 Attorney Will Help

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

Pennsylvania Marijuana Possession Law

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