Updated on June 1, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
Pennsylvania’s medical cannabis law took effect in 2016. The bill removed state-level criminal penalties on the use, possession and cultivation of marijuana by anyone possessing a signed recommendation from a physician stating that marijuana “may mitigate” his or her debilitating medical symptoms.
The Pennsylvania Department of Health is tasked with establishing and administering the state’s medical marijuana program, which is in the process of being implemented. Practitioners may register with the department to begin participating in the program.
Pennsylvania requires all qualified patients with physician’s recommendations to register with the Department of Health. Upon registration, the patient will be issued a Pennsylvania medical marijuana identification card, which may be used to purchase medical marijuana from an authorized state-licensed medical marijuana dispensary.
Possessing or selling paraphernalia is a misdemeanor punishable by up to one year in jail and a fine of not more than $2,500. Delivering paraphernalia to a minor who is three or more years younger than the distributor is a second-degree misdemeanor punishable by up to two years in prison and a fine of up to $5,000.
Offense | Penalty | Incarceration | Max. Fine | |
Possession |
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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 |
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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 |
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10 to 21 plants | Felony | 1 year | $5,000 | |
22 to 51 plants | Felony | *3 years | $15,000 | |
* Mandatory minimum sentence. | ||||
Hash & Concentrates |
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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 |
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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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