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Penalties for Marijuana Charges in Pennsylvania

Although medical marijuana is permitted under Pennsylvania’s Medical Marijuana Act, the unauthorized possession or sale of it remains illegal in PA in 2025. If you’re facing charges for this alleged conduct, our experienced marijuana crime attorneys in Pittsburgh are ready to help.

The potential penalties for marijuana (also “marihuana”) charges depend upon several factors, including the amount of marijuana involved, whether there’s any evidence of intent to deliver, and whether there are aggravating factors like being near a school zone, selling to a minor, or having a firearm at the time of the offense.

Possession of a Small Amount of Marijuana in PA (30 grams or less)

CHARGE: 35 P.S. § 780-113(a)(31)(i) – the possession of a small amount of marijuana/marihuana only for personal use.

Pennsylvania law defines a “small amount” as 30 grams or less of marijuana or 8 grams or less of hashish (30 grams = 1.06 ounces).

Penalty: Misdemeanor – Up to 30 days in jail, a maximum fine of $500, or both (§ 780-113(g)).

CHARGE: § 627.02 (Pittsburgh Only) – possession or smoking of a small amount of marijuana (30 grams or less of marijuana or 8 grams or less of hashish).

Penalty: Summary violation- $25 fine for possession and $100 for smoking in a public space.

Generally, the penalty in Pittsburgh, if the police officer issues a fine, is between $25-$100. But this is at the police officer’s discretion – the officer can choose to charge you with a misdemeanor or only issue a fine for a summary violation.

Possession of More Than 30 Grams in PA

CHARGE: 35 P.S. § 780-113(a)(16) – “Knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act….”

Penalty: Misdemeanor – Up to 1 year in jail, a maximum fine of $5,000, or both (§ 780-113(b)).

Possession With Intent to Deliver (PWID) or Sale in PA

CHARGE: 35 P.S. § 780-113(a)(30) – “…the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act….”

  • Most PWID marijuana cases: Penalty: Felony – up to 5 years in prison, a maximum fine of $15,000, or both (§ 780-113(f)(2)).
  • PWID over 1,000 pounds: Penalty: Felony – up to 10 years in prison, a maximum fine of $100,000, or both (§ 780-113(f)(1.1)).

CHARGE: 35 P.S. § 780-113(a)(31) – (ii) the possession of a small amount of marihuana with the intent to distribute it but not to sell it; or (iii) the distribution of a small amount of marihuana but not for sale. For purposes of this subsection, thirty (30) grams of marihuana or eight (8) grams of hashish shall be considered a small amount of marihuana.

Penalty: Misdemeanor – Up to 30 days in jail, up to $500 in fines or both (§ 780-113(g)).

Trafficking (PWID) Marijuana to a Minor or Near a School Zone in PA

Pennsylvania law has enhanced penalties for marijuana PWID to minors or within 1,000 feet of a school.

CHARGE: 18 Pa.C.S. § 6314 – If the delivery or possession with intent to deliver of the controlled substance, as charged under 35 P.S. § 780-113(a)(30), was to a minor.

Penalty: Minimum 1-year imprisonment for the PWID conviction. An additional minimum sentence of at least two years can be added under certain conditions.

CHARGE: 18 Pa.C.S. § 6317 (Drug-Free School Zones) – If the delivery or possession with intent to deliver of the controlled substance, as charged under 35 P.S. § 780-113(a)(30), was in a school zone.

Penalty: Minimum 2-years imprisonment for the PWID conviction.

Marijuana PWID with a Firearm in PA

CHARGE: 42 Pa.C.S. § 9712.1 – If you’re convicted of a PWID marijuana charge under 35 P.S. § 780-113(a)(30) while in possession of a firearm, Pennsylvania law imposes a mandatory minimum sentence.

Penalty: Mandatory minimum 5 years confinement under the firearm enhancement (Sentences for Certain Drug Offenses Committed with Firearms).

The mandatory applies even if the firearm wasn’t brandished. Simply having it in your possession is enough.

Marijuana Paraphernalia in PA

CHARGE: 35 P.S. § 780-113(a)(32) – The use of, or possession with intent to use, drug paraphernalia….

Penalty: Misdemeanor – Up to 1 year in jail, up to $2500 in fines or both (§ 780-113(i)).

CHARGE: 35 P.S. § 780-113(a)(33) – The delivery of, possession with intent to deliver, or manufacture with intent to deliver, drug paraphernalia…

Penalty: Misdemeanor – Up to 1 year in jail, up to $2500 in fines or both (§ 780-113(i)).

Penalty for delivering to a minor: Misdemeanor of the second degree  – If you’re charged under this statute and delivered drug paraphernalia to a minor, AND, you are 3 or more years older than the minor, you face up to 2 years imprisonment, up to $5000 in fines, or both.

Contact an Experienced Drug Charges Attorney in Pittsburgh Today

At Shrager Defense Attorneys, we will carefully analyze the facts of your case and build a strong defense for your marijuana charges. Call 24/7 at 412-969-2540 or email us for a free and confidential legal consultation.