The penalties for marijuana possession in Philadelphia vary depending on the amount of the substance. Philadelphia’s rules are unique and laxer than the rest of Pennsylvania, especially when it comes to consequences.
Possessing 30 grams or less of marijuana in Philadelphia is a civil offense, not a criminal one, since the substance is decriminalized. Possessing more than 30 grams of marijuana can result in arrest and is punishable by up to 1 year in jail for a first offense. Possession with intent to deliver is a more serious offense, and the amount of the substance dictates the penalty.
Call Kenny, Burns & McGill at (215) 423-5500 for a free case review from our Allentown, PA drug crime defense lawyers.
What Are the Penalties for Possessing a Small Amount of Marijuana in Philadelphia?
Possessing small amounts of marijuana, 30 grams or less, was decriminalized in Philadelphia in 2014. Philadelphia’s laws regarding marijuana possession are different than the rest of the state, so keep that in mind as you travel throughout Pennsylvania.
Fines
The fine for possession of 30 grams or less of marijuana in Philadelphia is $25. For smoking marijuana in public, the maximum fine is $100, and you might have to do up to 9 hours of community service.
Confiscation
Though marijuana is decriminalized in Philadelphia, it is still technically illegal for recreational use. Because of this, confiscation by law enforcement is another consequence of possessing a small amount of marijuana.
No Criminal Record
Possessing 30 grams or less of marijuana is a civil infraction, not a criminal offense, so it will not appear on your criminal record, even if you receive and pay a fine.
Arrest
Possessing only 30 grams or less of marijuana doesn’t eliminate the possibility of arrest if law enforcement has probable cause to believe you had the intent to sell or distribute the substance or commit another criminal offense.
You could also be arrested for possessing a small amount of marijuana while on probation or parole in Philadelphia.
What Are the Penalties for Possessing a Larger Amount of Marijuana in Philadelphia?
Possessing a larger amount of marijuana in Philadelphia, over 30 grams, can go on your criminal record as a misdemeanor charge and conviction.
First Offense
On the first offense, possessing more than 30 grams of marijuana in Philadelphia is a misdemeanor and is punishable by up to one year in jail and a $5,000 fine. Jail time is not guaranteed, especially if it is your first offense, and our lawyers may help you avoid it with probation and community service.
Your driver’s license could also be suspended upon the first offense.
Second or Subsequent Offense
For a second or subsequent offense, the maximum penalty triples, and you might face up to 3 years in jail for possessing more than 30 grams of marijuana.
What Are the Penalties for Possessing Marijuana with the Intent to Deliver?
Possession with intent to deliver, also known as drug trafficking in Pennsylvania, is a much more serious offense, leading to longer prison sentences and heftier fines upon conviction in Philadelphia.
2 to 10 Pounds
Possessing more than 2 but less than 10 pounds of marijuana with intent to deliver carries a mandatory minimum prison sentence of 1 year and a $5,000 fine. For a second or subsequent conviction, the sentence and fine both double.
10 to 50 Pounds
The mandatory minimum sentence for possession with intent to deliver more than 10 but less than 50 pounds of marijuana in Philadelphia is 3 years for the first offense. There is also a $15,000 fine. If this is a second drug trafficking conviction, the sentence increases to 4 years and the fine to $30,000.
50 or More Pounds
The penalty for a drug trafficking conviction involving 50 or more pounds of marijuana is five years in prison and a $50,000 fine.
FAQs About Marijuana Possession in Philadelphia
What Does Marijuana Being Decriminalized in Philadelphia Mean for Possession Charges?
Marijuana is decriminalized in Philadelphia, meaning you shouldn’t be arrested and charged with a crime for possessing a small amount, 30 grams or less.
What Are the Penalties for Possessing Small Amounts of Marijuana if You Are on Probation or Parole?
If you are on probation or parole, the city ordinances that decriminalize possessing a small amount of marijuana do not apply to you, and you could be arrested and charged for possession of 30 grams or less.
Will You Automatically Go to Jail for Possessing Marijuana in Philadelphia?
You won’t automatically go to jail for possessing marijuana in Philadelphia, especially if it is a small amount. There are mandatory minimum sentences for drug trafficking convictions, however.
What Are the Penalties for Smoking Marijuana in Public in Philadelphia?
Smoking marijuana in public is also a civil offense, not a criminal one, and carries a fine of up to $100. You most likely won’t be arrested, unless you fail to produce a valid ID when asked or were smoking marijuana on or near a school or while driving.
Do You Need a Lawyer for Marijuana Possession Charges?
If you are facing serious drug charges for possession with intent to deliver, which is synonymous with drug trafficking in Pennsylvania, you need a lawyer by your side. Otherwise, you are at risk of poorly defending yourself against the charges, agreeing to a bad plea deal, or missing important court appearances and harming your case.
What Are the Penalties for Marijuana Possession in the Rest of Pennsylvania?
In areas of Pennsylvania where marijuana is not decriminalized, which is most places other than Philadelphia, possessing 30 grams or less of marijuana is an ungraded misdemeanor and punishable by 30 days in jail and a $500 fine.
Reach Out About Your Drug Charges in Philadelphia
Call Kenny, Burns & McGill at (215) 423-5500 to discuss your case with our Ardmore, PA drug crime defense lawyers today.
