Pennsylvania Marijuana charges and Punishments; Defenses to the charges

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)

DEFENSES TO MARIJUANA CHARGES:

There may be possible defenses to your marijuana charges.  Marinaro Law 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.