Pennsylvania Marijuana Charges and Punishments:

1.  Possession of Marijuana 30 grams or less is a Misdemeanor punishable by up to 30 days in jail and a fine of up to $500.00.

2.  Possession of Marijuana more than 30 g is also a Misdemeanor punishable by one year in jail and a fine of up to $5,000.00.

3.  Distribution of 30 g or less for no remuneration or no money exchange is treated the same as simple possession, which is a Misdemeanor punishable by up to 30 days in jail and a fine of up to $500.00.

4.  Sale, Delivery or Distribution (PWID) of 1,000 lbs or less of marijuana is a Felony punishable by one to three years in a Pennsylvania State Prison, with a statutory maximum of five years.  Additional penalties include fines ranging from $5,000 to $25,000 ($15,000) (if the defendant arrested has a prior drug conviction then the minimum mandatory prison sentence of three years and maximum fine).

  5.  Sale, Delivery or Distribution (PWID) of more than 1,000 lbs of marijuana is a Felony punishable by up to 10 years in state prison, and a fine of up to $100,000.00.

  6.  Sale, Delivery or Distribution (PWID) of marijuana within 1,000 feet of a school, or within 250 feet of a recreational playground, is punishable by 2 to 4 years in prison.

  7.  Sale, Delivery or Distribution (PWID) of marijuana to a minor when the seller is over the age of 21 is a felony with double the possible penalties for the amount of marijuana sold.

  8.  Possession or sale of paraphernalia is punishable by up to 1 year in jail and a fine up to $2,500.00.  If the sale was to a minor, the possible penalties are doubled to 2 years in jail and fines up to $5,000.00

(Any second or subsequent marijuana offense conviction increases the penalties to twice those for first time offenders)


There may be possible defenses to your marijuana charges.  Marinaro Law Firm can help you identify the defenses or other mitigating factors that may reduce your marijuana charges to a lesser offense or even have it dismissed.  The following are examples of defenses or mitigating factors to marijuana charges:

a.  The police illegally searched your home, person or car;

b.  The arresting officer failed to read you your Miranda Warnings;

c.  The prosecution has insufficient evidence to charge you with a marijuana offense;                                             

d.  You were induced to engage in behavior you otherwise would not have committed by the government, which lead to your marijuana charge. This is called entrapment;

e.  The officers have mistaken your identity;

f.   You have an alibi defense;

g.  You failed to have the required intent to commit the marijuana offense; and

h.  Any additional circumstances that may have violated your constitutional rights that resulted in the charges being filed.

Call our office immediately if you or a loved one has been charged with this type of offense.