PENNSYLVANIA MARIJUANA PENALTIES
Were You Arrested for Marijuana Possession in PA? Know Your Rights.
With the exception of prescribed medical marijuana, marijuana use is illegal in Pennsylvania. Even though marijuana is being legalized across the rest of the country, and medicinal marijuana has recently been approved in Pennsylvania, an arrest for marijuana in Pennsylvania is still a serious offense and unfortunately comes with serious penalties, fines and possible jail time.
Being charged with even a small amount of marijuana in Pennsylvania can have a big impact on your future. A Possession of Marijuana Paraphernalia Conviction can mean up to one year in prison.
The ability to get a job, apply for colleges and even drive a car are all at stake when you are charged with weed possession in Pennsylvania.
If convicted of any offense involving the possession, cultivation, sale, or delivery/distribution of any form of marijuana, PennDOT will automatically suspend your driving privileges for at least six months.
At Shrager Defense Attorneys, we realize that good people can get trapped in a terrifying legal system which threatens their personal liberty.
If you have been arrested for simple marijuana possession, possession with intent to deliver (PWID), cultivation, sale or distribution contact Pittsburgh Drug Attorney David J. Shrager today for a free consultation.
[**A 2020 ruling by the PA Supreme Court in December might be applicable to your case: the smell of marijuana, per se (in of itself), is not sufficient to establish probable cause to conduct a warrantless search in PA.]
Attorney Shrager is available on his personal cell phone 24-7. You can text or call him now.
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BEING CHARGED WITH MARIJUANA IS NOT A CONVICTION.
CALL OR TEXT DAVID J. SHRAGER ON HIS
PERSONAL CELL PHONE TODAY
FOR A FREE LEGAL CONSULTATION: 412-969-2540
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PENALTIES & SENTENCING FOR MARIJUANA CHARGES IN PA
PLEASE NOTE: If convicted of any offense involving the possession, cultivation, sale, or delivery/distribution of any form of marijuana, PennDOT will automatically suspend your driving privileges for at least six months.
If you are charged with Simple Possession of a Controlled Substance, this means that there was no intent to deliver the marijuana (cultivate/grow, share, sell or traffic).Simple Possession is typically considered a misdemeanor.
Depending on the amount of the drug and several other factors you may be charged with Possession with Intent to Deliver (PWID), which is usually a felony upon conviction and comes with severe penalties and fines. You have been charged with PWID if you have been charged with any of the following:
Possession of Marijuana in PA – Penalties & Sentencing:
First Offense, Simple Marijuana Possession Penalties:
- Under 30 grams: Misdemeanor, 30 days in prison, a $500 fine and an automatic six-month suspension of your driver’s license
- Over 30 grams: Misdemeanor, up to one year in prison and a $5,000 fine and an automatic six-month suspension of your driver’s license
Read more about a first offense marijuana arrest in Pennsylvania.
Second Offense, Simple Marijuana Possession Penalty:
- Many factors can come into play if you have been caught more than once with marijuana. It is best to speak to an experienced Marijuana Lawyer about your individual circumstances to better understand your rights.
Drug Paraphernalia – Penalties & Sentencing in PA:
- Possession or Sale: Misdemeanor, up to one year in jail, maximum fine of $2,500. NO LICENSE SUSPENSION.
Cultivation, Sale or Distribution of Marijuana in PA – Penalties & Sentencing:
PLEASE NOTE: Any Possession with the Intent to Deliver AND a possession of a firearm is a mandatory five to ten year prison sentence, if convicted. First Offense, Sale or Distribution Penalties:
- 30 grams or less: Misdemeanor, up to 30 days in jail and a maximum $500 fine.
- 2-10 pounds: Felony, one year minimum in prison and a maximum $5,000 fine.
- 10-50 pounds: Felony, three years minimum in prison and a maximum fine of $25,000.
- Less than 1,000 pounds: Felony, five years in prison and a maximum fine of $25,000.
- More than 1,000 pounds: Felony, ten years in prison and a maximum fine of $100,000.
Marijuana Cultivation/Growing – Penalties & Sentencing:
- First offense, 10-21 plants: Felony, one year minimum in prison and a maximum $5,000 fine.
- First offense, 22-51 plants: Felony, three years minimum in prison and a maximum $15,000 fine.
Marijuana Hash and Concentrates – Penalties & Sentencing:
- Possession of eight grams or less: Misdemeanor, 30 days in jail and a $500 fine.
- Possession of more than eight grams: Misdemeanor, up to one year in prison and a $5,000 fine.
- Manufacturing: Felony, five years in prison and a $15,000 fine.
Selling Marijuana to a Minor and Within School Zones – Penalties & Sentencing:
- Selling Marijuana to a minor is considered a felony. Penalties include up to two years in prison and a $5,000 fine. Could bring doubled penalties, based on amount of marijuana sold.
- Distribution of marijuana within 1,000 feet of a school or within 250 feet of a recreational playground is punishable by two to four years in prison.
PLEASE NOTE: Penalties are more severe if this is a second or subsequent offense, or if you are found with drugs in a school zone, selling drugs to a minor or carrying a lethal weapon.
_________________________________________________________
BEING CHARGED WITH MARIJUANA IS NOT A CONVICTION.
CALL OR TEXT DAVID J. SHRAGER ON HIS
PERSONAL CELL PHONE TODAY
FOR A FREE LEGAL CONSULTATION: 412-969-2540
____________________________________________________________
FIRST-TIME MARIJUANA OFFENDERS – CONDITIONAL PROGRAMS
First-time marijuana offenders are often eligible for conditional programs, such as the Accelerated Rehabilitative Disposition (ARD), Probation Without Verdict and Allegheny Service Institute (ASI) which all offer expungement as part of the plea bargain package. However, you have to be eligible for these programs and recommended by the District Attorney to even apply.
Talking with an experienced Pittsburgh drug possession attorney is the best way to find out if you are eligible for these types of programs. An aggressive attorney knows how to push for these types of programs.
Another option available that an aggressive attorney can push for is The Allegheny County Drug Court / Drug Diversion Program, which is a rehabilitative program that can shorten your sentencing.
Information on Forfeiture of Property
If your home or car is searched for marijuana, the government may try to seize and resell the property where the alleged drug crime occurred. Talk to an experienced attorney like David J. Shrager to help you fight for what is rightfully yours.
DON’T BE SCARED; BE PREPARED
We fight aggressively for the rights of our clients. A drug charge is not a conviction. Being prepared with a sound legal defense is the best way to fight your charges. There are many different programs available for first time offenders and we will push hard to get your charges dropped or reduced.
WHAT A MARIJUANA LAWYER CAN DO FOR YOU
Hiring an aggressive attorney to prepare your case may seem like something you can’t afford, but the reality is that your freedom and your future could cost a lot more if you do not do all that you can to fight for your rights.
A skilled drug attorney on your side could far outweigh the fines and penalties you face. Not to mention, an attorney can relieve a lot of your stress and worry.
Attorney David J. Shrager is there for his clients 24/7 and you can call or text his personal cell phone if you have any questions about your case.
_________________________________________________________
BEING CHARGED WITH MARIJUANA IS NOT A CONVICTION.
CALL OR TEXT DAVID J. SHRAGER ON HIS
PERSONAL CELL PHONE TODAY
FOR A FREE LEGAL CONSULTATION: 412-969-2540
_______________________
FREE Legal Consultation
Call or Text 412-969-2540 right now for a FREE initial legal consultation. Speak directly with David J. Shrager 24 hours a day, 7 days a week.
Shrager Defense Attorneys in Pittsburgh, PA will attack your criminal charges in order to protect your good name. Have a sound and solid case prepared by David J. Shrager and his legal team so they can fight for your rights.
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