Marijuana’s Legal Status in Philadelphia Although marijuana remains illegal in Philadelphia, it has been decriminalized. This means that possessing, smoking, or buying ‘small amounts’ of marijuana typically won’t lead to arrest or criminal charges. Instead, you might receive a Civil Violation Notice (CVN) and a fine, as stipulated in City Code Chapter §10-2100. However, the severity of charges can increase based on factors like the quantity of marijuana in your possession and whether there’s evidence of intent to distribute.
Navigating Pennsylvania’s Cannabis Laws
Recreational marijuana remains illegal throughout Pennsylvania, categorized as a controlled substance with strict penalties in specific contexts. Conversely, medical marijuana is legal in the state but solely for individuals with valid medical marijuana cards. Access to medical marijuana is limited to products from licensed dispensaries approved by the Department of Health. Despite legalization in neighboring states like New Jersey, violating Philadelphia’s laws can result in civil penalties.
Understanding Usage Regulations in Philadelphia
In Philadelphia, any amount of marijuana is not deemed legal, although ‘small amounts’ have been decriminalized. Typically, ‘small amount’ equates to 30 grams or less, encompassing quantities such as up to 70 marijuana cigarettes or specific dollar amounts of bags. Legal usage, possession, or purchase of marijuana necessitates a valid prescription from a medical marijuana dispensary. Any other form of acquisition or consumption may result in a CVN.
Penalties for Marijuana Offenses
Possessing a small amount of marijuana in Philadelphia may incur a CVN and a $25 fine, while smoking in public with a small amount could lead to a CVN and a $100 fine. Generally, adults aren’t arrested for marijuana-related offenses, but minors may be detained and fined alongside their parents or legal guardians.
Arrest Scenarios for Marijuana
Offenses Despite decriminalization, certain circumstances can lead to arrest and potential criminal charges, such as failure to provide legal ID, presenting fake ID, displaying imminent threat of violence, or attempting to flee from law enforcement. Engaging in other offenses while in possession of marijuana, like violating parole, driving under the influence, or cultivating marijuana, can also result in arrest.
Pennsylvania Marijuana Pardon Project Governor Wolf initiated the Pennsylvania Marijuana Pardon Project in September 2022 to assist individuals with minor, non-violent marijuana convictions. Those eligible for pardons or clemency may receive relief, even if they missed the application deadline.
Legal Support for Drug Charges
Navigating Philadelphia’s marijuana laws can be complex, with civil offenses sometimes escalating to criminal charges. It’s crucial to stay informed and seek legal guidance when needed. If you’re facing marijuana-related charges, Rooney Philly Lawyer can offer the support and assistance you require. Contact us today for a free consultation.
