Pennsylvania Marijuana Laws

What Rules Must Marijuana Patients Follow in PA?

• Patients may receive up to a 90-day supply of medical marijuana from a Pennsylvania dispensary. The amount dispensed may be less than 90 days if a shorter period is indicated on the patient’s certification. Patients may obtain the next 90-day supply during the last 7 days of the current 30-day period.
• Medical marijuana must be obtained through Pennsylvania’s Medical Marijuana Program. Registered patients use their medical marijuana ID card to obtain medical marijuana from authorized Pennsylvania dispensaries.
• Patients are not authorized to grow cannabis at home under Pennsylvania’s Medical Marijuana Program. The program requires patients to obtain their medical marijuana through authorized sources, including dispensaries.
• Pennsylvania allows medical marijuana in different forms, including concentrates. Concentrates are recognized within the state’s medical marijuana program and may be dispensed through authorized dispensaries. Patients should follow the form and dosage requirements listed in their certification.
• Patients should use medical marijuana only as permitted under Pennsylvania law and the Medical Marijuana Program. Marijuana-related products and accessories should not be described as automatically illegal simply because they may be used with medical marijuana. The legality of an item depends on how it is used and the applicable law.

Taking these rules into consideration, there are 5 main types of marijuana-related offenses and penalties you should be aware of in Pennsylvania. They include:

1. 1. Possession
   2.  Distribution/ Intent to Sell
   3.  Cultivation
   4.  Hashish & Marijuana Concentrates
   5. Paraphernalia

Pennsylvania’s marijuana laws apply statewide. However, local municipalities may have their own rules or enforcement practices, so patients should follow both state law and the requirements of the Pennsylvania Medical Marijuana Program.

Hashish & Concentrates

According to Pennsylvania drug laws, hashish and marijuana concentrates are subject to the state’s controlled substance laws. Pennsylvania’s Controlled Substance Act lists marihuana as a Schedule I controlled substance and defines it to include resin extracted from the cannabis plant and preparations made from the plant, its seeds, or resin. Pennsylvania’s Medical Marijuana Program separately allows registered patients to obtain authorized medical marijuana products, including concentrates, from licensed dispensaries.

Penalties can vary depending on the amount involved and the type of activity. Key penalties include: 

• • Possession of 8 grams or less of hashish for personal use is considered possession of a small amount. It is a misdemeanor punishable by up to 30 days in prison, a fine of up to $500, or both.
  • Possession of more than 8 grams of hashish is generally subject to the standard simple-possession penalty. A first offense can be punishable by up to 1 year in prison, a fine of up to $5,000, or both.
  • Manufacturing, delivering, or possessing hashish or concentrates with intent to manufacture or deliver them without authorization can result in a felony charge. The offense can be punishable by up to 5 years in prison, a fine of up to $15,000, or both.
  • For a second or subsequent offense, the maximum imprisonment and fine may be doubled. This can result in up to 10 years in prison, a fine of up to $30,000, or both. 
  • For marijuana quantities exceeding 1,000 pounds, the law provides a higher maximum penalty of up to 10 years in prison, a fine of up to $100,000, or both, with an additional fine provision based on the assets or profits involved.
  • Drug paraphernalia used or intended for use in manufacturing or processing hashish or other controlled substances may be covered by Pennsylvania’s drug paraphernalia laws. Using or possessing such paraphernalia with intent to use it unlawfully is a misdemeanor punishable by up to 1 year in prison, a fine of up to $2,500, or both.
  • Delivering, possessing with intent to deliver, or manufacturing drug paraphernalia with intent to deliver is also a misdemeanor punishable by up to 1 year in prison, a fine of up to $2,500, or both.
  • Advertising to promote the sale of drug paraphernalia is prohibited and carries the same maximum penalty of 1 year in prison, a fine of up to $2,500, or both.
  • Delivering drug paraphernalia to a person under 18 who is at least 3 years younger than the person delivering it is a second-degree misdemeanor punishable by up to 2 years in prison, a fine of up to $5,000, or both.

Pennsylvania law distinguishes between authorized medical marijuana products and unauthorized possession, manufacturing, or distribution of hashish and concentrates. Make sure you understand the applicable rules before possessing or using these products. 

Paraphernalia

Pennsylvania’s drug paraphernalia laws establish penalties for possessing, using, delivering, manufacturing, or advertising drug paraphernalia. 

The penalties depend on the type of activity and whether a minor is involved:

• • Using, possessing, delivering, or manufacturing marijuana paraphernalia for unlawful purposes is a misdemeanor punishable by up to 1 year in prison, a fine of up to $2,500, or both. 
  • If a person delivers drug paraphernalia to a minor under 18 who is at least 3 years younger than the person delivering it, the offense is a second-degree misdemeanor punishable by up to 2 years in prison, a fine of up to $5,000, or both.
  • Advertising to promote the sale of drug paraphernalia is a misdemeanor punishable by up to 1 year in prison, a fine of up to $2,500, or both.

Questions about the PA Marijuana Laws

While the penalties for each medical marijuana law are highly important to take note of, we know that state regulations do not always cover the niche cases.

Below you can find a list of potential FAQs that you might have regarding the current state of medical marijuana in Pennsylvania: