Pennsylvania MMj Laws
The Pennsylvania Medical MJ Program
Since the approval of the Pennsylvania mj laws on April 6th, 2016, and their subsequent implementation on February 15th, 2018, the Pennsylvania Department of Health enforces and manages the Medical MJ Program currently being applied at a state-wide level. With its legalization bill, state-level criminal penalties were removed for the use, possession, and cultivation of mj for any resident with a signed physician recommendation stating that their partaking in MMJ can “mitigate” their debilitating medical condition.
The PA application process walks patients through an easy step-by-step process of how to get a state-issued medical mj ID card. You can find more details about the process itself through their online registration portal. In order to have their application approved, PA medical mj state law requires all recommended patients to be registered in the MMP’s database. Upon a successful application, the new patient will be given a Pennsylvania MMJ identification card.
Program Approval Date
April 2016
Patient ID Card Validity
1 year
Application Fee
$50
Certification Renewal
Annually*
* The MMP-issued Identification Card expiry date may vary. The doctor’s recommendation, along with your medical mj purchasing rights, are only valid for 1 year. Following that, we recommend you book a re-evaluation with our licensed doctors.
Being a Responsible MMJ Patient in PA
While having a medical card provides you with a great deal of empowerment over your health and wellbeing, great power must always come with great responsibility. Pennsylvania imposes specific mj laws related to its state-wide regulated use. And as a patient dealing with mj law in your day-to-day life, you should be aware of what you can and cannot do with your PA MJ Patient ID card:
- Your patient status grants you access to a 30-day supply of mj, a unique quantity that is set by your recommending doctor when you start your treatment. Legally speaking, there is no reason for you to possess any mj beyond your explicitly set limit.
- The only authorized locations for mj-related purchases are state-approved dispensaries. Personal sales are prohibited by the court of law and you should NOT engage in any way, shape, or form.
- Your patient status does NOT give you the right to grow mj plants on your own property in Pennsylvania. Any and all medical mj you intend to use needs to be acquired legally from a licensed dispensary.
- If your treatment includes hashish-based products OR any other type of mj concentrate, know that the regulations remain the same. The state of PA treats hash and concentrates just as it treats mj – as a Schedule I Drug.
- MJ paraphernalia (such as bongs, tobacco blunts, rolling paper) is NOT strictly necessary for any type of medical mj. Therefore you have no legal excuse for possessing such an item, or, to be using it in order to create your own medication.
Taking all of these considerations into mind, we have listed the five main types of mj penalties you could be accountable for in the state of PA. These laws apply to mj use state-round, so whether you are a patient living in Philadelphia or Pittsburgh, there is no need to fret about regional differences.
Five types of mj penalties:
Possession
Pennsylvania MMJ Laws
All possession offenses revolve around the Pennsylvania mj possession laws 30g cut-off point:
- If you are found in possession of 30 grams (or less) of mj, you will be convicted for a misdemeanor that is punishable with 30 days in jail, as well as a $500 fine.
- If you are found in possession of more than 30 grams of mj, you will be convicted for a misdemeanor with a maximum jail sentence of one year, as well as a $5000 fine.
- However, first possession convictions are eligible for release on the condition that the offender is on probation for the duration of a year, rather than serving jail time. Subsequent convictions of the same nature can result in a doubled legal penalty.
| Possession | |||
| Quantity | Penalty | Jail Time | Legal Fine |
| <30g | Misdemeanor | 30 days | $500 |
| >30g | Misdemeanor | 1 year | $5000 |
| Special Considerations | |||
|
First offenders may be eligible for conditional release on probation. |
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Second offenders may have their penalties doubled. |
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Distribution/Intent to Sell
Pennsylvania MJ Laws
Pennsylvania’s weed charges for distribution and/or the intent to sell vary drastically from quantity to quantity:
- Similarly to possession, distribution of 30 grams or less of mj can net you a misdemeanor that is punishable with 30 days of jail time, alongside the $500 fine.
- Selling anywhere between 2 and 10 pounds of mj is also considered a misdemeanor, but with a harsher punishment. It carries with it an obligatory sentence of one-year minimum jail time, along with a $5000 fine.
- From then on, things get increasingly worse. For distribution of anywhere between 10 pounds and under 1000 pounds, you will receive a penalty of 3 years jail time, with a tripled fine of $15,000.
- The sale of more than 1000 pounds of mj is considered a felony, reaching the maximum penalty of 10 years jail time, as well as a $100,000 fine.
- For all of the above-mentioned crimes, penalties can be doubled if the culprit is found to be on their second drug offense. This is also valid if the person being sold to was a minor.
- Moreover, court authorities are in their right to increase the fines beyond the listed maximum, with the intent of erasing the proceeds of the crime.
| Distribution / Intent to Sell | |||
| Quantity | Penalty | Jail Time | Legal Fine |
| <30g | Misdemeanor | 30 days | $500 |
| 2lbs — 10 lbs | Felony | 1 year | $5000 |
| 10 lbs — <1000 lbs | Felony | 3 years | $15,000 |
| >1000lbs | Felony | 10 years | $100,000 |
| Special Considerations | |||
| Two to four years jail time for distributing within 1000 feet of a school, OR within 250 feet of a recreational playground. | |||
| Doubled penalties for distributing to a minor OR for being a second offender. | |||
| Court authorities may increase the maximum fine to eradicate all profits made from the mj sale. | |||
Cultivation
Pennsylvania MMJ Laws
Pennsylvania mj cultivation laws state the following for any potential offenders:
- Due to the above-listed possession limits, cultivating even one mj plant can result in your conviction to a state felony. The resulting penalty is anywhere between 36 months to 5 years in prison, with an additional legal fine of $15,000.
|
Cultivation |
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|
Quantity |
Penalty |
Jail Time |
Legal Fine |
|
Any number of plants |
Felony |
2.5 — 5 years |
$15,000 |
Hashish & Concentrates
Pennsylvania MMJ Laws
According to Pennsylvania drug laws, hashish and mj concentrates are considered a Schedule I Drug. Therefore, legal punishments match the nature of the regulation:
- Being found in possession of fewer than 8 grams of hashish is treated as a misdemeanor that is punishable with a period of 30 days in prison, and/or a legal fine of up to $500.
- Being found in possession of more than 8 grams of hashish is treated as a misdemeanor that is punishable with a period of 6 to 12 months in prison, and/or a legal fine of up to $5000.
- For the manufacturing of hashish, you can be charged with a felony that is punishable with up to 5 years in prison, and/or a legal fine of up to $15,000.
- In the case of subsequent offenders, the felony charge remains in place, but the punishment is doubled. A sentence of up to 10 years in prison, and/or a legal fine of up to $30,000.
- Devices used in the manufacturing process of hashish are considered drug paraphernalia. Simple possession of any such device will be treated as a misdemeanor that is punishable with up to 1 year in prison, and/or a legal fine of up to $2,500.
- Distribution or manufacturing of any such paraphernalia will be treated as a misdemeanor that is punishable with up to 1 year in prison, and/or a legal fine of up to $2,500. Promoting the distribution of any such device or equipment is treated identically in the eyes of the law, incurring the same legal consequences.
- Distribution of hashish paraphernalia to a minor results in a second-degree misdemeanour that is punishable with up to 2 years in prison, and/or a legal fine of up to $5,000.
| Hash and Concentrates | |||
| Quantity/Offense | Penalty | Jail Time | Legal Fine |
| Possession | |||
| <8g | Misdemeanor | 30 days | $500 |
| >8g | Misdemeanor | 6 — 12 months | $5000 |
| Manufacturing | |||
| First offense | Felony | 5 years | $15,000 |
| Second offense | Felony | 10 years | $30,000 |
| Possession hash paraphernalia | Misdemeanor | 1 year | $2500 |
| Distribution hash paraphernalia | Misdemeanor | 1 year | $2500 |
| Distribution to minor | Misdemeanor | 2 years | $5000 |
Paraphernalia
Pennsylvania MMJ Laws
For all intents and purposes, Pennsylvania’s drug paraphernalia laws are clear-cut. Possession of mj paraphernalia in PA is punished in the same manner as a selling scenario, and if a minor is involved, the charges are doubled:
- Selling or being found in possession of mmj paraphernalia in PA is considered a punishable misdemeanor. Convictions can result in up to one year of jail time, as well as a maximum fine of $2500.
- If the distributor is found giving paraphernalia to a minor who is three (or more) years younger than them, then they are able to be convicted for a second-degree misdemeanor. Convictions will result in up to 2 years of jail time, added to a maximum fine of $5000.
| Paraphernalia | |||
| Offense | Penalty | Jail Time | Legal Fine |
| Possession / Sale | Misdemeanor | 6 months — 1 year | $2500 |
| Distribution to a minor — 3 years younger than the offender | Misdemeanor | 2 years | $5000 |
FAQ
Pennsylvania MJ Laws
Questions about PA Laws and Regulations
While the penalties for each medical mj 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 mj in Pennsylvania:
Is Medical MJ Legal in PA?
Yes. The state’s legislation on medical mj was initially approved in April of 2016, and subsequently implemented in February 2018. As such, any certified PA patient is able to purchase products such as CBD oil, tinctures, and edibles from a local, licensed dispensary.
Can I use my PA medical MMJ card in other states?
Yes and no. Pennsylvania does not have reciprocity with other states. Thus, out-of-state med cards are not recognized in PA and holders cannot use them to buy or possess medical mj.
On the other hand, medical mj patients in PA may use their medical mj ID cards in states that have reciprocity. For example:
- Arizona
- Hawaii
- Maine
- New Hampshire
- Nevada (recreational weed is legal)
- Rhode Island
- Washington DC (recreational weed is legal)
To clarify, different states have different reciprocity programs. So, due diligence is important before visiting a state and using your MMJ card.
Does my insurance or Medicare cover medical mj?
No. The FDA doesn’t approve medical mj. Thus, Medicare or insurance does not cover medical mj.
Can I travel with my mj to another state?
No. Crossing state lines with medical mj is a serious offense.
Where can I smoke or use my medical mj in PA?
Patients should only use medical mj within the privacy of their homes. Smoking mj in public spaces or the workplace will not protect a patient from legal consequences.
Is recreational mj legal in PA?
No. Recreational mj has yet to be legalized in Pennsylvania.
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