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Marijuana is a Schedule I drug.

Possession

Possession of 30g or less is a misdemeanor punishable by 30 days in jail and a $500 fine.

Possession of more than 30g is a misdemeanor with a maximum penalty of one year in jail and a $5,000 fine.

First possession conviction is eligible for conditional release, wherein the offender gets probation for up to a year instead of jail time.

A second or subsequent conviction can lead to a doubled penalty.

See:

• Controlled Substance, Drug Device and Cosmetic Act: 35 P.S. 780-113
• Controlled Substance, Drug Device and Cosmetic Act: 35 P.S. 780-113(a)(16)
• 18 Pennsylvania CONS. STAT. 106
• 18 Pennsylvania CONS. STAT. 1101
• 18 Pennsylvania CONS. STAT. 1103
• 18 Pennsylvania CONS. STAT. 1104

Sale or Distribution

Distribution of 30g or less of marijuana for no remuneration is a misdemeanor punishable by up to 30 days in jail and a fine of up to $500.

Sale of less than 1,000 lbs. is a felony punishable by up to 3 years in jail and a $25,000 fine. If the offender has a prior drug conviction, then the sentence is 3 years and the fine will be $25,000. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.

Selling 2-10 lbs. of marijuana carries a sentence of 1 year in jail and a $5,000 fine. These penalties are doubled if the conviction is a second or subsequent drug offense or if the sale is to a minor. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.

Sale of more than 1,000 lbs. is a felony with a maximum penalty of 10 years in prison and a $100,000 fine. These penalties are doubled if the conviction is a second or subsequent drug offense or if the sale is to a minor. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.

Delivery of marijuana within 1,000 ft of a school or within 250 ft. of recreational playground is punishable by 2-4 years in prison.

Distribution to a minor by one over the age of 21 is a felony and brings doubled penalties upon conviction.

See:

• Controlled Substance, Drug Device and Cosmetic Act: 35 P.S. 780-113
• 18 Pennsylvania CONS. STAT. 106
• 18 Pennsylvania CONS. STAT. 1101
• 18 Pennsylvania CONS. STAT. 1103
• 18 Pennsylvania CONS. STAT. 1104

Cultivation

Growing marijuana, even with no intention of selling it, is a felony and is punishable up to five years in prison and $15,000 in fines. The Pennsylvania Sentencing Guidelines state that possession with intent to deliver less than 10 plants is felony.

See:

• Controlled Substance, Drug Device and Cosmetic Act: 35 P.S. 780-113
• 18 Pennsylvania CONS. STAT. 106
• 18 Pennsylvania CONS. STAT. 1101
• 18 Pennsylvania CONS. STAT. 1103
• 18 Pennsylvania CONS. STAT. 1104

Hash Concentrates

Hashish and THC concentrates are Schedule 1 drugs.

See:

• 35 Pennsylvania CONS. STAT. 780-102
• 35 Pennsylvania CONS. STAT. 780-104(i)(iii)(16)

Possessing less than 8 grams of hashish or concentrates is a misdemeanor punishable by a fine no greater than $500 and/or a term of imprisonment no greater than 30 days. Possessing more than 8 grams of hashish or concentrates is a misdemeanor punishable by a fine no greater than $5,000 or a term of imprisonment no greater than 1 year.

See:

• 35 Pennsylvania CONS. STAT. 780-113(b)
• 35 Pennsylvania CONS. STAT. 780-113(g)

Manufacturing hashish or concentrates is a felony punishable by a fine no greater than $15,000 and/or a term of imprisonment no greater than 5 years. Subsequent convictions for manufacturing hashish are punishable by a fine no greater than $30,000 and/or a term of imprisonment no greater than 10 years.

See:

• 35 Pennsylvania CONS. STAT. 780-113(a)(30)
• 35 Pennsylvania CONS. STAT. 780-113(f)(2)
• 35 Pennsylvania CONS. STAT. 780-115(a)

The offenses and penalties for selling or trafficking hashish or concentrates are the same as the trafficking penalties for marijuana. For more information see Pennsylvania's marijuana laws section of this website.

Any device or equipment used to manufacture or create hashish or concentrates is considered drug paraphernalia. Possession of any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year. Manufacturing or selling any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year. If any such device or equipment was sold to a minor, the offense is a misdemeanor of the second degree punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 2 years. Advertising the sale of any such device or equipment is a misdemeanor punishable by a fine no greater than $2,500 and/or a term of imprisonment no greater than 1 year.

See:

• 35 Pennsylvania CONS. STAT. 780-102(b)
• 35 Pennsylvania CONS. STAT. 780-113(a)(31)-(34)
• 35 Pennsylvania CONS. STAT. 780-113(i)

Paraphernalia

Possessing or selling paraphernalia is a misdemeanor punishable with up to 1 year in jail and a fine of not more than $2,500. Delivering paraphernalia to a minor who is 3 or more years his junior is a second degree misdemeanor punishable by not more than 2 years and a fine not exceeding $5,000.

See:

• Controlled Substance, Drug Device and Cosmetic Act: 35 P.S. 780-113
• 18 Pennsylvania CONS. STAT. 106
• 18 Pennsylvania CONS. STAT. 1101
• 18 Pennsylvania CONS. STAT. 1103
• 18 Pennsylvania CONS. STAT. 1104

Sentencing

Sentencing for marijuana crimes in PA varies by the weight of the plant matter seized.

In PA, all first time drug convictions have the possibility for probation for a first offense.

A second or subsequent drug related conviction makes the offender eligable for double penalties.

See:

• Controlled Substance, Drug Device and Cosmetic Act: 35 P.S. 780-113
• 18 Pennsylvania CONS. STAT. 106
• 18 Pennsylvania CONS. STAT. 1101
• 18 Pennsylvania CONS. STAT. 1103
• 18 Pennsylvania CONS. STAT. 1104