Marijuana Possession: Your Guide in Pennsylvania
Is CBD legal in Pennsylvania? The quick and short answer is no. Any amount of marijuana found in your possession is a crime under Pennsylvania law. The only exception to this is if you have a valid medical marijuana PA card.
Otherwise, it is highly recommended that you seek the representation of a criminal defense attorney in PA, like Engle, Kauffman, and VanHorn.
Hemp-Derived vs Cannabis-Derived CBD
While cannabis-derived products are not allowed in Pennsylvania, hemp-derived CBD products are okay. The state even grants licenses for businesses to grow hemp–but only hemp.
The main difference between the two is that hemp-derived CBD does not have any of the psychoactive properties that cannabis-derived CBD does, thanks to its very low THC concentration (less than 0.3 percent).
However, this does not mean that you can simply go parading around with your hemp-derived CBD products. Because there is a lack of regulation in the market, you still can get arrested for possession since there is no instantly clear way to determine whether it is hemp or cannabis-derived.
That is why you will still need a lawyer to help you clarify things in court in case you do end up being wrongfully charged with cannabis possession.
PA Marijuana Possession Laws
According to local Pennsylvania laws, possession of marijuana is a criminal offense punishable by fines and possibly jail time. The severity of the penalty applied mostly depends on how much marijuana you possess.
If you are caught with 30 grams or less (a little over an ounce), you will be facing a misdemeanor charge, punishable by a $500 fine and up to 30 days of imprisonment. However, because it is a small amount, you may file for a conditional release.
Anything beyond 30 grams will still count as a misdemeanor, with the same fines, but with longer jail time. So if you are caught with a pound of weed, you better ensure you have a reliable lawyer representing you.
Apart from possession of marijuana, Pennsylvania laws also deem possession of marijuana paraphernalia illegal. Therefore, anything used for planting, propagating, cultivating, growing/harvesting, etc. has a punishment of up to a $25,000 fine and a minimum of one-year imprisonment.
If you are worried about getting caught in highly unfavorable situations like these, you might want to start looking for a “drug possession lawyer near me.” Especially because the punishments can seriously impinge on your life–and leave a stain on your criminal record, you need to make sure you will have the right kind of representation to help.
If you are in the medical marijuana PA program, you can avoid punishment for possession. However, you must be able to show your medical marijuana ID card, purchased through the Medical Marijuana Registry.
Also, you can only buy marijuana from a licensed medical marijuana dispensary and your legal possession is up to 30 days’ supply limit only. Anything beyond that, and you will need the help of a lawyer from Engle, Kauffman, and VanHorn.
Why You Need a Criminal Lawyer for Marijuana Possession
A criminal lawyer can help with your defense for drug possession. One of the possible defenses, as already discussed above, is having a legal prescription for it. Another is your lack of intent or knowledge or possession.
A drug possession defense could also turn to a lack of probable cause. Under the United States Constitution, every person has a right to lawful search and seizure. So if you think there could be even a small possibility of violation of your constitutional rights, you should talk to your lawyer immediately to prepare a strong defense.
What if you got caught in possession of drugs that were not yours? You can raise that as a defense too, especially if you are unaware of it.
Your lawyer can tell you more about actual possession and constructive possession, but essentially, the difference between the two can be helpful for your case. But as a quick overview, actual possession means you physically have the item with you, while constructive possession means it is not literally on you, but somewhere close and accessible to you–like in your car or your apartment.
If you find yourself in a situation involving drug possession, specifically marijuana, immediately get in touch with a criminal lawyer. The sooner you get the legal advice you need, the more time you can have to plan out a solid defense.