One of the most popular drugs in Pennsylvania, especially in Philadelphia, is marijuana. Also known as cannabis, pot, ganja, bud, chronic, reefer, and grass, the dangers and benefits of the drug have been compared to those of alcohol. However, despite its popularity and the debate concerning its use, pot is still illegal in Pennsylvania.
This means that charges concerning marijuana, such as possession of cannabis, sale or delivery of chronic, and possession or sale of reefer paraphernalia can come with harsh penalties in Pennsylvania. It is important to have an experienced criminal defense lawyer at your side to help defend your rights and fight to protect your freedom.
Philadelphia Marijuana Defense Lawyer
With marijuana a generally polarizing issue within the War on Drugs, it is important to hire a Philadelphia marijuana defense attorney with extensive experience in the Pennsylvania legal system when you are faced with one or more cannabis charges. The LLF Law Firm has years of experience in various facets of the Pennsylvania justice system, and was founded on the commitment to providing high-quality legal services to the people who need help most in mind.
If you have been charged with pot possession, trafficking in cannabis, or another marijuana charge in Philadelphia, call the LLF Law Firm at 888-535-3686 today to schedule your consultation.
An Overview of Pennsylvania's Marijuana Laws
- Common Marijuana Crimes
- Marijuana Possession in Philadelphia
- Philadelphia Marijuana Diversion Programs
- Pennsylvania Medical Marijuana
- Common Marijuana Charge Defenses
- Resources for Marijuana Charges in Philadelphia
Common Marijuana Crimes
What constitutes a marijuana crime is defined in 5 P.S. §§ 780-101 – 780-144, also known as the Pennsylvania Controlled Substances, Drugs, Device, and Cosmetic Act. The definition of marijuana is found in 35 P.S. §780-104(1)(iv). Some of the more common Philadelphia offenses against these Pennsylvania marijuana laws include:
Possession of Marijuana – 30 Grams or Less
- Up to 30 days in jail
- Up to $500 fine
Possession of Marijuana – 30 Grams or More
- Up to 1 year in jail
- Up to $5,000 fine
Distribution of Marijuana Without Monetary Exchange – 30 Grams or Less
- Up to 30 days in jail
- Up to $500 fine
Sale, Delivery, or Distribution of Marijuana – 1,000 Pounds or Less
- Felony
- 1-3 years in prison
- $5,000 - $25,000
Sale, Delivery, or Distribution of Marijuana– 1,000 Pounds or More
- Felony
- Up to 10 years in prison
- Up to $100,000 fine
Sale, Delivery, or Distribution of Marijuana – Within 1,000 Feet of School
- 2-4 years of prison
Sale, Delivery, or Distribution of Marijuana – Within 250 Feet of Recreational Playground
- 2-4 years of prison
Sale, Delivery, or Distribution to Minor of Marijuana – Seller is over 21
- Doubles possible penalties for amount of pot sold
Possession or Sale of Marijuana Paraphernalia
- Up to 1 year of jail
- Up to $2,500 fine
Possession or Sale of Marijuana Paraphernalia
- Up to 2 years of jail
- Up to $5,000 fine
Marijuana Possession in Philadelphia
Philadelphia changed its local marijuana laws in 2014, making some possession offenses a civil penalty. It now is considered a civil offense, rather than a criminal offense to possess 30 grams or less of marijuana. If a person is caught possessing 30 grams or less, he or she will be cited and fined $25.
If a person is caught smoking marijuana in public, he or she will be cited and fined $100 or made to perform nine hours of community service. This also is considered a civil offense. Additionally, police officers will confiscate any of the substance they find, but the offenders will have the benefit of not having a criminal record.
The substance still is considered illegal in Philadelphia. This means possessing more than 30 grams and dealing or trafficking the substance regardless of weight still is considered a criminal offense.
Philadelphia Marijuana Diversion Programs
First-time marijuana offenders may be eligible for an alternative sentencing or diversion program. These are determined on a case-by-case basis by the district attorney according to the provisions provided under the Pennsylvania accelerative rehabilitative disposition program legislation and other laws.
Generally, for a qualifying offender, the court will grant probation without verdict for the marijuana charge. If the offender completes probation and all the involved requirements, the cannabis offense will be dismissed and his or her criminal record will not reflect the pot charge.
Pennsylvania Medical Marijuana Laws
As the controversy around whether pot is more harmful than cigarettes or alcohol as a recreational drug and therefore should or should not be legalized abounds, so does the controversy around medical marijuana. There are several studies that show the possible benefits of medical marijuana to specific medical conditions like pain from damaged nerves, glaucoma, movement disorders, and nausea from cancer treatments, as well as an effective appetite stimulant to individuals suffering from HIV and specific cancers.
In fact, many countries, 15 states in the U.S., and Washington D.C. have all passed legislation in favor of medical marijuana. However, this legislation has not yet reached Pennsylvania, and medical marijuana is as illegal as recreational marijuana. If you were using marijuana for medical purposes and are now facing drug charges, it is imperative that you contact an experienced Philadelphia marijuana defense attorney to begin protecting your rights immediately.
Common Defenses to Pot Arrests
Depending on the circumstances of your case, it may be possible to get your case dismissed through a motion to suppress or other defense strategy. Though law enforcement officers are trained to be thorough and efficient, they are human and they do make mistakes.
If your rights are violated at any point in the process of being charged with a cannabis offense, your case could be reduced or thrown out. Common factors that negate or mitigate the marijuana case against you include:
- The prosecution has insufficient evidence to charge you
- Your identity was mistaken for another's
- You have a valid alibi
- The search of your person, home, or car was illegal
- The arresting officer failed to read you your Miranda rights
- Intent is an element of the charge, and you had no intent to commit the offense
- You were entrapped by a Philadelphia law enforcement officer to commit the marijuana offense
Pennsylvania Resources for Marijuana Crimes
NORML - Philadelphia Chapter – This is the website for the local chapter of the National Organization for the Reform of Marijuana Laws, dedicated to the legalization and responsible use of marijuana for and by adults, without the threat of criminal penalties.
Marijuana Policy Project – The Marijuana Policy Project, or MPP, seeks to increase public and political support of changing state marijuana laws. The website is a good resource to check on pending and current marijuana legislation.
Drug Policy Alliance – The goal of the DPA is to promote non-violent alternatives to the drug war based on the premises of science, health, and human rights.
Finding the Best Marijuana Lawyer in Philadelphia
If you have been charged with a marijuana offense in Pennsylvania, contact the experienced attorneys at the LLF Law Firm today. They are committed to providing quality customer service while fighting for your rights and your freedom. They will use their multifaceted experience in the Pennsylvania justice system to make sure every defense to your case is explored. To schedule your consultation, call today at 888-535-3686.
