Sean P. Quinlan, Esq. monogramSean P. Quinlan, Esq.

Drug Crimes · Marijuana Possession & Delivery

Marijuana is still against the law in Pennsylvania, even though it doesn't feel that way anymore.

Local ordinances, neighboring states' legalization, and the medical marijuana program have blurred the picture, but Pennsylvania State Police and most county DAs still charge marijuana possession under state law. What you're actually charged with — small-amount personal use, larger-quantity possession, or delivery without payment — changes the exposure significantly, and a valid medical marijuana card changes the analysis again. These cases are also frequently tangled up with a drug DUI charge when THC metabolites show up in blood work, which raises its own separate defense.

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How Pennsylvania grades it

Marijuana Possession and Delivery Defense in Pennsylvania.

Marijuana possession of 30 grams or less (or 8 grams or less of hashish) is charged under § 780-113(a)(31) and capped at 30 days in jail and a $500 fine — the lightest tier in the Act. Larger quantities fall under the general simple-possession provision, § 780-113(a)(16), an ungraded misdemeanor carrying up to 1 year and $5,000. Giving or sharing marijuana without payment is also addressed under § 780-113(a)(31), while any transfer for money, or possession with evidence of packaging for sale, is charged as possession with intent to deliver under § 780-113(a)(30) and graded under § 780-113(f) — up to 5 years for marijuana specifically. A registered medical marijuana patient possessing within program limits is not committing a crime, but exceeding the card's allowance, purchasing outside a licensed dispensary, or driving with active THC can still expose a patient to charges.

Statute: 35 P.S. § 780-113(a)(16), (a)(31), (a)(30)[1][2]

Diversion & record relief

First-time small-amount marijuana charges are among the most consistently ARD- and diversion-eligible cases in Central Pennsylvania, particularly absent any accompanying DUI or delivery evidence.

PA drug court & diversion programs · ARD program lawyer · ARD eligibility quiz

Marijuana Possession and Delivery Defense: offense grading and maximum exposure under 35 P.S. § 780-113(a)(16), (a)(31), (a)(30)
Offense & gradingMaximum exposure

Small amount (≤30g, or ≤8g hashish) — § 780-113(a)(31)

The lowest-exposure marijuana charge; distribution without payment of a small amount is graded the same way.

Up to 30 days jail, $500 fine

Possession over 30g — § 780-113(a)(16)

Ungraded misdemeanor once the personal-use threshold is exceeded.

Up to 1 year jail, $5,000 fine

Delivery or PWID — marijuana — § 780-113(a)(30), (f)

Applies where money changed hands or packaging/scale evidence suggests distribution.

Up to 5 years jail, $50,000 fine

DUI — marijuana metabolite, § 3802(d)(1)

Any measurable THC metabolite in blood can support a §3802(d)(1)(i) charge regardless of impairment; §3802(d)(1)(iii) covers active THC.

Ungraded misdemeanor, up to 6 months (first offense)

Medical marijuana cardholder outside program limits

A valid card is a defense within its terms, not a blanket shield — quantity, source, and driving conduct still matter.

Same tiers as above

Maximums are statutory ceilings, not expected sentences. Actual outcomes depend on prior record score, offense gravity score, treatment history, and county practice.

Jurisdiction & court process

Where a marijuana possession & delivery case is heard.

Preliminary arraignment and the magisterial district court

Most marijuana cases begin with a citation or arrest processed through a magisterial district judge, who handles bail (often unsecured or minimal for small-amount cases) and schedules the preliminary hearing for misdemeanor-level charges. Summary-level small-amount cases may be resolved entirely at the magisterial level without proceeding to the Court of Common Pleas.

Court of Common Pleas — Dauphin, Cumberland, York, and Adams counties

Misdemeanor possession and any delivery-graded charge proceed to formal arraignment and, if unresolved, trial in the county Court of Common Pleas. Each of these counties has its own informal practice for how quickly small marijuana cases move through diversion versus formal disposition, and local practice on medical-card documentation and lab-confirmation delays can affect scheduling.

How the District Attorney's office screens the file

Prosecutors typically look at the quantity involved, any evidence of sale (cash, scales, multiple baggies, text messages), whether the defendant has a medical marijuana card on file, prior record, and whether the arrest arose from a traffic stop that also produced a drug DUI charge. First-time, small-amount cases without distribution evidence are strong candidates for diversion; cases layered with a DUI or delivery evidence are screened more cautiously.

Typical timeline from arrest to disposition

A straightforward small-amount marijuana case can resolve in a matter of weeks to a few months, particularly at the summary level. Misdemeanor possession or delivery-graded cases, or ones tangled with a pending DUI charge awaiting toxicology results, commonly take several months longer because blood-test confirmation and any suppression litigation need to be resolved first.

How we defend marijuana possession & delivery cases.

  • Litigate the stop and search under Commonwealth v. Alexander

    A large share of marijuana charges originate from a vehicle stop where officers claim they smelled marijuana to justify a search. Since Alexander, a warrantless vehicle search requires probable cause plus exigent circumstances, and odor alone is increasingly contested as a basis, especially with medical marijuana legally in circulation.

  • Assert medical marijuana program status

    A valid, current medical marijuana card is a significant defense where the quantity and source are consistent with the program, though it does not automatically excuse quantities beyond the card's limits or purchases outside a licensed dispensary.

  • Challenge constructive possession in shared spaces

    Marijuana found in a shared vehicle, apartment, or at a gathering with multiple people present requires the Commonwealth to prove you knew about it and had the ability to control it — presence near marijuana is not the same as possession of it.

  • Contest the weight tier

    Whether a case falls under the 30-gram small-amount provision or the higher-exposure general possession statute can turn entirely on how the substance was weighed and whether stems, seeds, or packaging were improperly included in the total.

  • Push back on delivery-without-remuneration inferences

    Sharing or gifting marijuana without payment is treated the same as small-amount possession, not as a felony delivery — prosecutors sometimes overcharge social sharing as PWID, and that inference can be challenged where no money or packaging-for-sale evidence exists.

  • Separate the marijuana charge from any DUI count

    Where a marijuana charge is paired with a §3802(d)(1) drug DUI, the metabolite-versus-active-THC distinction, testing delay, and medical-card status can all be litigated separately from the possession charge itself, and a weakness in one count doesn't necessarily doom the other.

Where we appear

Drug charge defense across Central Pennsylvania.

Attorney Quinlan appears in the magisterial district courts and Courts of Common Pleas in Dauphin, Cumberland, York, Adams, Perry, Franklin, and Lancaster counties. Start with your city:

Other drug charges we defend.

Related: Pennsylvania drug charges overview · PWID vs. simple possession · Pennsylvania criminal defense lawyer · expungement in Dauphin County.

FAQ

Frequently asked questions.

Common questions about marijuana possession & delivery charges in Pennsylvania — grading, penalties, diversion, and record consequences.

  • No. Recreational marijuana possession remains illegal under Pennsylvania state law regardless of what neighboring states or local city ordinances allow. Only registered medical marijuana patients possessing within program limits from a licensed dispensary are exempt from prosecution.

  • Yes, in many circumstances. Local decriminalization ordinances typically apply only to city police enforcement and reduce local penalties to a fine, but they don't bind the Pennsylvania State Police or override state law, so a State Police citation can still be filed under § 780-113 even within a city that has decriminalized small amounts.

  • A valid, current card is strong evidence in your defense if the quantity and source line up with the program's rules, but it doesn't automatically clear you — purchasing outside a licensed dispensary, exceeding your allotment, or driving with active THC can still lead to charges that your card doesn't fully answer.

  • Yes, potentially. Under § 3802(d)(1)(i), any measurable amount of a Schedule I substance's metabolite — including inactive THC metabolites that can linger for weeks — can support a charge regardless of actual impairment. A separate provision, § 3802(d)(1)(iii), covers active THC. The medical-card status and testing methodology are both important defense angles here.

  • Not automatically. Distribution without payment of a small amount is generally treated under the same lighter § 780-113(a)(31) provision as personal possession, not as a felony delivery charge. Delivery becomes a PWID felony charge when money changes hands or the facts show clear packaging or intent to sell.

  • Maybe, but not automatically. 75 Pa.C.S. § 1532(c) governs license suspensions tied to drug convictions, and Pennsylvania has narrowed how it applies to convictions that don't involve driving. Whether your specific charge would trigger a PennDOT suspension needs to be checked against current practice rather than assumed.

  • Often, yes. First-time small-amount marijuana cases are frequently strong candidates for ARD or a similar diversionary program in Central Pennsylvania counties, which can result in dismissal and expungement upon successful completion rather than a conviction on your record.

Related pages

Sources & statutory citations

  1. [1]35 P.S. § 780-113(a)(31) — Possession or distribution of a small amount of marijuana (30 grams or less, or 8 grams or less of hashish) for personal use, or distribution without remuneration.
  2. [2]35 P.S. § 780-113(a)(16) — Knowing or intentional possession of a controlled substance by a person not registered to possess it — simple possession.
  3. [3]35 P.S. § 780-113(a)(30) — Manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance (PWID).
  4. [4]35 P.S. § 780-113(f) — Penalties for § 780-113(a)(30) — graded by substance: up to 15 years for Schedule I/II narcotics, 10 years for certain stimulants including methamphetamine and cocaine, 5 years for marijuana, and 3 years for most other controlled substances.
  5. [5]75 Pa.C.S. § 3802 — DUI — offense definitions and BAC/impairment tiers.
  6. [6]75 Pa.C.S. § 3803 — Grading — ungraded misdemeanor through misdemeanor of the first degree.
  7. [7]Commonwealth v. Alexander, 243 A.3d 177 (Pa. 2020) — Rejected the federal automobile exception under the Pennsylvania Constitution — a warrantless vehicle search now requires probable cause plus exigent circumstances.
  8. [8]75 Pa.C.S. § 1532(c) — License suspension for controlled-substance convictions. Pennsylvania narrowed these suspensions for non-driving drug offenses; confirm PennDOT's current treatment of your specific conviction.
  9. [9]Pa.R.Crim.P. 300–320 — Accelerated Rehabilitative Disposition — the rules governing ARD admission, conditions, removal, and dismissal in non-DUI cases.

Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.

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