Pennsylvania

Statutes on
Marijuana
As a criminal defense attorney in Philadelphia, Pennsylvania, I
have defended those who have beenaccused of
marijuanapossession. Possession of marijuana is illegal in
Pennsylvania and any amount of marijuana possessed can result
in a jail sentence. Legislation has been introduced in the
Pennsylvanias House and Senate that would legalize the use of
medicinal marijuana. But, until then, possession of marijuana in
Pennsylvania is illegal. In this article, I will discuss the penalties
for possession of marijuana, DUI checkpoint, sobriety tests, and
What are the Penalties for Possession of Marijuana
in Pennsylvania?

The penalties for marijuana possession in Pennsylvania

often depend on the amount of marijuana you have when
arrested and your intended use. The more you possess,
the stiffer the penalties.Possessing marijuana in
Pennsylvania is punishable by both imprisonment and
fines.

As of January 31, 2017, possessing less than 30 grams of

marijuana for personal use can be punishable by up to 30
days in jail and a fine of $500while possessing more than
30 grams for personal use is punishable by up to a year in
jail and a fine of $5,000.

The penalties for these misdemeanors double if arrested

again for the same offense. For example, an arrest for the
second time of being in possession of more than 30 grams
DUI Checkpoints and Implied Consent
A drunk driving checkpoint is also a drugged driving checkpoint. Law
enforcement is trying toweed out impaired drivers.By virtueof the fact
that you are driving in the Commonwealth of Pennsylvania, you have
given law enforcement implied consent to perform tests necessary to
determine if you are impaired by an illegal substance. The Pennsylvania
General Assembly, under Title 75 Section 1547, explains implied
consentas:

Any person who drives in Pennsylvania shall be deemed to have given

consent to chemical tests of breath, blood or urine for the purpose of the
presence of a controlled substance. Id. 1547(a).

If any person placed under arrest is requested to submit to chemical

testing and refuses to do so, the testing shall not be conducted but upon
notice by the police officer, the department shall suspend the operating
privilege of the person from 6-18 months. Id. 1547(b)(1).

The person tested shall be permitted to have a physician of his own

choosing administer an additional breath, blood or urine chemical test and
the results of the test shall also be admissible in evidence. The chemical
testing given at the direction of the police officer shall not be delayed by a
persons attempt to obtain an additional test. Id. 1547(h).