MARIJUANA POSSESSION IN PA | POSSESSION OF A SMALL AMOUNT OF MARIJUANA LAWYER

In Pennsylvania, marijuana remains illegal for recreational use, and possessing even a small amount can have significant legal consequences. If you are charged with the Possession of a Small Amount of Marijuana, you should not take this lightly. Our office has defended those charged with Marijuana Possession in courts throughout Western Pennsylvania, so please call 412-447-5580 for a free consultation.

Possession of a Small Amount of Marijuana Defined

Under Title 35 Section 780-113(a)(31) of Pennsylvania’s Controlled Substance, Device and Cosmetic Act, the Possession of a Small Amount of Marijuana is punishable by a maximum sentence of up to 30 days in jail and a $500 fine, plus court costs. To prove you guilty of this offense, the Commonwealth must establish that you:

  • Possessed less than 30 grams of marijuana for personal use only; OR

  • Possessed less than 30 grams of marijuana with the intent to distribute it, but not to sell it: OR

  • Distributed less than 30 grams of marijuana, but not for sale.

Direct possession occurs when marijuana is found on your person, such as in your pocket or in a joint you're holding. Constructive possession applies when drugs are not found on your person, but in an area you control, such as a home or vehicle.

Possession of More than 30 Grams of Marijuana in PA

If you are found in possession of over 30 grams of marijuana, you could be charged with a misdemeanor Possession of a Controlled Substance offense, punishable by a maximum penalty of 1 year in jail and a $5,000 fine for a first offense, and 3 years in jail and a $25,000 fine for a 2nd or subsequent offense.

Felony Marijuana Possession in PA

For those believed to be dealing or distributing marijuana, they will be charged with felony Possession With Intent to Deliver a Controlled Substance, punishable by up to 10 years and a $100,000 fine depending on the quantity of marijuana involved.

Marijuana Decriminalization in Pittsburgh

In 2015, the City of Pittsburgh passed an ordinance providing for the decriminalization of marijuana. This provides the City of Pittsburgh Police with the discretion to charge you with a local ordinance instead of the misdemeanor Possession of a Small Amount of Marijuana charge. However, we have found that members of law enforcement typically charge violators with misdemeanor offenses as opposed to the local ordinance violations.

This ordinance does not apply to marijuana arrests that occur outside of the city limits. If you are found in Possession of a Small Amount of Marijuana outside of city limits, you should expect to be charged with a misdemeanor offense.

DEFENDING YOUR MARIJUANA CASE

Never assume you are guilty of a drug offense even if drugs are found on your person, in your home, or in your vehicle. If the police violated your constitutional rights or made errors during the investigation, your case may be dismissed. Our firm will fight your case when the police commit the following errors:

  • Failing to test for DNA and fingerprints on containers used to hold drugs, including baggie corners, purses, glove compartments, safes, dresser drawers and other common storage items and locations.

  • Searching your person or vehicle without probable cause.

  • Failing to obtain a search warrant, or obtaining a defective search warrant.

  • Failing to submit the marijuana to the crime lab for appropriate testing.

  • Failing to prove direct or constructive possession, or ignoring evidence that the drugs found belonged to someone else.

HOW ZUCKERMAN LAW FIRM CAN HELP

Don't fight your marijuana possession case alone. Attorney David Zuckerman utilizes his trial experience and negotiation skills to fight for your entry into various diversionary and pre-trial programs, which may include:

  • Plea to Non-Traffic Citation at Magistrate's Office: fines and court costs only

  • Entry into the ARD Program: Leads to dismissal of charges and expungement of record.

  • Probation Without Verdict (PWV) Program: Leads to dismissal of charges and expungement of record.

  • Not Guilty Verdict.

If you are charged with a Small Amount of Marijuana, contact the Zuckerman Law Firm, LLC for a free consultation at 412-447-5580. Attorney David Zuckerman was a former drug prosecutor, and puts his experience to use in defending your drug case. Weekend and evening appointments available.