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PA Marijuana Laws

April 12 and April 13, 2016, Senate Bill 3 was approved by the Senate and the House and was signed into law by Pennsylvania Governor Tom Wolf (D) on April 17, 2016.

The bill legally removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana “may mitigate” his/her debilitating medical symptoms.

The Pennsylvania Department of Health (DOH) is tasked with establishing and administering the state’s Medical Marijuana Program — the implementation of which, is expected to take between 18 and 24 months. Practitioners can complete the Practitioner Registry to begin participating in the Pennsylvania Medical Marijuana Program as of July 2017.

SB 3 requires all qualified patients with physician’s recommendations, register with the state DOH — upon registration, the patient will be issued with a Pennsylvania medical marijuana identification card, which may be used to purchase medical marijuana, from an authorized state-licensed medical marijuana dispensary.

Pennsylvania Medical Marijuana Law

“The Pennsylvania Medical Marijuana Program” — SENATE BILL 3

THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL SESSION NO. 32015
INTRODUCED BY FOLMER, LEACH, TEPLITZ, WILEY, BLAKE, FONTANA, YUDICHAK, SCARNATI, BOSCOLA, YAW, ARGALL, SMITH, COSTA, FARNESE, WAGNER, BARTOLOTTA, WILLIAMS, TARTAGLIONE, VULAKOVICH, WHITE, SCHWANK, RAFFERTY, STEFANO, WOZNIAK, McGARRIGLE, BROWNE AND DINNIMAN, JANUARY 26, 2015

AMENDMENTS TO HOUSE AMENDMENTS, APRIL 12, 2016
AN ACT ESTABLISHING A MEDICAL MARIJUANA PROGRAM; PROVIDING FOR PATIENT AND CAREGIVER CERTIFICATION AND FOR MEDICAL MARIJUANA ORGANIZATION REGISTRATION; IMPOSING DUTIES ON THE DEPARTMENT OF HEALTH; PROVIDING FOR A TAX ON MEDICAL MARIJUANA ORGANIZATION GROSS RECEIPT; ESTABLISHING THE MEDICAL MARIJUANA PROGRAM FUND; ESTABLISHING THE MEDICAL MARIJUANA ADVISORY BOARD; ESTABLISHING A MEDICAL MARIJUANA RESEARCH PROGRAM; IMPOSING DUTIES ON THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HUMAN SERVICES; AND PROVIDING FOR ACADEMIC CLINICAL RESEARCH CENTERS AND FOR PENALTIES AND ENFORCEMENT.

2 CHAPTER 1. PRELIMINARY PROVISIONS3 SECTION 101. SHORT TITLE.4 SECTION 102. DECLARATION OF POLICY.5  SECTION 103.  DEFINITIONS.6  CHAPTER 3.  PROGRAM7  SECTION 301.  PROGRAM ESTABLISHED.8  SECTION 302.  CONFIDENTIALITY AND PUBLIC DISCLOSURE.9  SECTION 303.  LAWFUL USE OF MEDICAL MARIJUANA.10  SECTION 304.  UNLAWFUL USE OF MEDICAL MARIJUANA.11  CHAPTER 4.  PRACTITIONERS12  SECTION 401.  PRACTITIONER REGISTRATION.13  SECTION 402.  PRACTITIONER RESTRICTIONS.14  SECTION 403.  ISSUANCE OF CERTIFICATION.15  SECTION 404.  CERTIFICATION FORM.16  SECTION 405.  DURATION.17  CHAPTER 5.  PATIENTS18  SECTION 501.  IDENTIFICATION CARDS.19  SECTION 502.  CAREGIVERS.20  SECTION 503.  NOTICE.21  SECTION 503.1. VERIFICATION.22  SECTION 504.  SPECIAL CONDITIONS.23  SECTION 505.  (RESERVED).24  SECTION 506.  MINORS.25  SECTION 507.  CAREGIVER AUTHORIZATION AND LIMITATIONS.26  SECTION 508.  CONTENTS OF IDENTIFICATION CARD.27  SECTION 509.  SUSPENSION.28  SECTION 510.  PROHIBITIONS.29  CHAPTER 6.  MEDICAL MARIJUANA ORGANIZATIONS30  SECTION 601.  MEDICAL MARIJUANA ORGANIZATIONS.

SECTION 602. PERMITS. 2 SECTION 603. GRANTING OF PERMIT. 3 SECTION 604. NOTICE. 4 SECTION 605. (RESERVED). 5 SECTION 606. APPLICATION AND ISSUANCE. 6 SECTION 607. FEES AND OTHER REQUIREMENTS. 7 SECTION 608. ISSUANCE. 8 SECTION 609. RELOCATION. 9 SECTION 610. TERMS OF PERMIT. 10 SECTION 611. (RESERVED). 11 SECTION 612. PERMIT RENEWALS. 12 SECTION 613. SUSPENSION OR REVOCATION. 13 SECTION 614. CONVICTIONS PROHIBITED. 14 SECTION 615. DIVERSITY GOALS. 15 SECTION 616. LIMITATIONS ON PERMITS. 16 CHAPTER 7. MEDICAL MARIJUANA CONTROLS 17 SECTION 701. ELECTRONIC TRACKING. 18 SECTION 702. GROWER/PROCESSORS. 19 SECTION 703. STORAGE AND TRANSPORTATION. 20 SECTION 704. LABORATORY. 21 SECTION 705. PRICES. 22 CHAPTER 8. DISPENSARIES 23 SECTION 801. DISPENSING TO PATIENTS AND CAREGIVERS. 24 SECTION 802. FACILITY REQUIREMENTS. 25 SECTION 803. POSTING. 26 CHAPTER 9. TAX ON MEDICAL MARIJUANA 27 SECTION 901. TAX ON MEDICAL MARIJUANA. 28 SECTION 902. MEDICAL MARIJUANA PROGRAM FUND. 29 CHAPTER 11. ADMINISTRATION 30 SECTION 1101. GOVERNING PRACTICE AND PROCEDURE.

READ MORE — Senate Bill 3 [FULL TEXT]

Pennsylvania Marijuana Laws

Distribution or cultivation includes possession with intent to distribute or cultivate marijuana in the state of Ohio. Those who are arrested as a result of distribution or cultivation will be punished to the fullest extent of the law based on the marijuana penalties and guidelines in Ohio outlined below.

Pennsylvania Marijuana Possession Penalties

  1. Possession of 30g or less is a misdemeanor punishable by 30 days in jail and a $500 fine.
  2. Possession of more than 30g is a misdemeanor with a maximum penalty of one year in jail and a $5,000 fine
  3. First possession conviction is eligible for conditional release, wherein the offender gets probation for up to a year instead of jail time.
  4. A second or subsequent conviction can lead to a doubled penalty.

Pennsylvania Marijuana Intent To Sell Penalties

  1. 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.
  2. Sale of fewer 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 mandatory sentence is 3 years and the mandatory fine will be $25,000. The court is authorized to increase the fines beyond the maximum to exhaust the proceeds of the crime.
  3. Selling 2-10 lbs. of marijuana carries a mandatory minimum 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.
  4. 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.

Pennsylvania Marijuana Cultivation Penalties

  1. Possession of 10 to 21 marijuana plants is a felony punishable by a mandatory 1-year sentence and a $5,000 fine. The penalty may be doubled if the conviction is a second or subsequent offense.
  2. Possession of 22 to 51 marijuana plants is a felony and will be punished with a mandatory 3-year sentence and a $15,000 fine. The penalty may be doubled if the conviction is a second or subsequent offense.

Pennsylvania Marijuana Paraphernalia Penalties

  1. Possessing or selling paraphernalia is a misdemeanor punishable by 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.

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Offense Penalty Incarceration Max. Fine

Possession

30 g. or less Misdemeanor 30 days $500
More than 30 g. Misdemeanor 1 year $5,000
First possession conviction is eligible for conditional release. Subsequent conviction can lead to a doubled penalty.

Sale or Distribution

30 g. or less for no remuneration. Misdemeanor 30 days $500
2 lbs. to 10 lbs. Felony 1 year $5,000
10 lbs. to 50 lbs. Felony 3 years $25,000
Less than 1000 lbs. Felony 3 years $25,000
More than 1000 lbs. Felony 10 years $100,000
Within 1000 ft of a school or within 250 ft of recreational playground punishable by 2-4 years in prison.
To a minor, or after a previous drug conviction, brings doubled penalties.
Courts are authorized to increase the maximum fine to exhaust all proceeds from drug sales.
* Mandatory minimum sentence.

Cultivation

10 to 21 plants Felony 1 year $5,000
22 to 51 plants Felony *3 years $15,000
* Mandatory minimum sentence.

Hash & Concentrates

Possession of 8 g. or less Misdemeanor 30 days $500
Possession of more than 8 g. Misdemeanor 1 year $5,000
Manufacture. Felony 5 years $15,000
Penalties for selling or trafficking hashish or concentrates are the same as the trafficking penalties for marijuana. Please see the marijuana penalties section for further details.

Paraphernalia

Possession or sale of paraphernalia. Misdemeanor 1 year $2,500
Distribution of paraphernalia to a minor at least three years younger. Misdemeanor 2 years $5,000

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