Pending States

Pennsylvania Marijuana Penalties

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

 

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 less 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 with 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 with 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.