Is possessing a small amount of marijuana still a crime in Pennsylvania?

Last updated October 4, 2026.

Yes. As of today, Pennsylvania has not legalized marijuana for adult use. Possessing a "small amount" of marijuana for personal use, 30 grams or less of marijuana or 8 grams or less of hashish, is a misdemeanor punishable by up to 30 days in jail, a fine of up to $500, or both (35 P.S. 780-113(a)(31) and (g)). More than a small amount is charged as ordinary possession, with up to one year and a $5,000 fine (780-113(a)(16) and (b)). The only lawful possession is medical marijuana obtained and kept under the Medical Marijuana Act.

We checked the official lists of acts for 2025 and 2026 today: none amends the Controlled Substance Act or creates an adult-use cannabis law. For our drug defense work in Delaware County, see our drug crimes page.

What are the marijuana offenses and penalties?

Marijuana is a Schedule I substance under the Act, which is why sale is a felony. That charge is explained in possession with intent to deliver. Other drugs are covered in the penalties for drug possession.

When is medical marijuana legal?

The Medical Marijuana Act makes use or possession of medical marijuana lawful, but only as the Act allows (Medical Marijuana Act section 303). Medical marijuana may be dispensed only to a patient who has a practitioner's certification and a valid Department of Health identification card, or to a registered caregiver with a card. The Act lists pill, oil, topical, tincture, liquid and forms for vaporization or nebulization; dry leaf or plant form is allowed only as Department of Health regulations provide. Unused medical marijuana must stay in its original dispensary package, and a patient or caregiver must carry the ID card whenever in possession of it.

The Act also lists what remains unlawful: smoking medical marijuana, incorporating it into edibles (except a patient or caregiver mixing it into food to aid ingestion), and growing or dispensing it without a permit (section 304(b) and (c)). Unlawful use is treated as a violation of the Controlled Substance Act, in addition to any other penalty.

How does a Delaware County marijuana case move, step by step?

1. The stop or search. A case may begin with a traffic stop, a search or an encounter on the street. How the marijuana was found matters for suppression later.
2. The charge. The officer files possession of a small amount, possession or paraphernalia charges; a summons or arrest follows. The general process is in what happens after an arrest in Delaware County.
3. Weight and lab results. Whether the amount is 30 grams or less decides which subsection applies, so the measured weight matters.
4. Preliminary hearing at the district court where the stop occurred, then formal arraignment in Media if held for court.
5. Diversion. Delaware County's District Attorney describes Misdemeanor Diversion for low-level, non-violent misdemeanors, ending in dismissal after community service and costs; ARD is another route. See diversion programs in Delaware County.
6. Clearing the record afterward. Dismissed charges can be expunged; see expungement and Clean Slate.

What options can keep a marijuana charge off my record?

Several routes can end a first marijuana case without a conviction. In Delaware County, the District Attorney's Misdemeanor Diversion Program suspends prosecution of low-level, non-violent misdemeanors while the participant performs community service and pays court costs, and successful completion results in dismissal of the charges. ARD is another District Attorney program that can end in dismissal and expungement; in Delaware County it requires a lawyer, a waiver of formal arraignment and fingerprinting.

The Controlled Substance Act adds its own options. A person who pleads guilty or no contest to a nonviolent drug offense and proves drug dependency through a physician or psychologist may receive probation without verdict, which ends in dismissal without a conviction; it is available only once and not to people with prior convictions or prior ARD for a drug offense or other misdemeanor or felony (780-117). A person charged with a nonviolent crime who claims drug dependency can also ask before trial for treatment in lieu of prosecution, with the District Attorney deciding whether to agree (780-118). And when drug charges are withdrawn or dismissed, or end in acquittal, the Act calls for prompt expungement of the records, as a matter of right once (780-119(a)).

Which route fits depends on your record, the exact charges and the timing; ARD and diversion paperwork in Delaware County is tied to the formal arraignment date.

What changes the answer?

• Weight. Over 30 grams of marijuana or 8 grams of hashish moves the charge from 780-113(a)(31) to (a)(16).
• Sale. Distribution "not for sale" stays within the small-amount offense; selling is PWID or delivery (780-113(a)(30)).
• A medical marijuana card. Possession in the permitted form, in the original package and with the card, is lawful (MMA 303).
• Driving. Driving after using marijuana raises a separate DUI question; see our DUI defense page.
• An overdose emergency. A person who calls for help, gives their name and stays with the person in need may be immune from small-amount and paraphernalia charges (780-113.7(b)).
• Age 18 to 25 and a felony marijuana charge. Delaware County's Young Offender Program may apply for PWID or delivery of less than one pound, according to its application.

For example: a traffic stop in Springfield

Here is a hypothetical. A driver stopped in Springfield has a small jar of marijuana weighing 12 grams and a pipe. She has no medical marijuana card. She is cited for possession of a small amount under 780-113(a)(31) and for paraphernalia under 780-113(a)(32).

The small-amount charge carries a maximum of 30 days and $500; the paraphernalia charge, perhaps surprisingly, carries a higher maximum of one year and $2,500. Her lawyer reviews the reason for the stop and the search, and asks the District Attorney about Misdemeanor Diversion, which can end in dismissal after community service and costs. If she also had a medical card and the product was in its original dispensary package, possession would have been lawful, though smoking it would not. This example only illustrates the law; it does not predict any result.

What mistakes do people make with marijuana charges?

• Assuming it is legal now. Adult-use marijuana remains illegal in Pennsylvania.
• Relying on where it was bought. Pennsylvania law governs possession in Pennsylvania, wherever the marijuana was purchased.
• Ignoring the paraphernalia charge. Its maximum is higher than the small-amount charge.
• Smoking medical marijuana. The Act makes smoking unlawful (MMA 304(b)(1)).
• Carrying medical marijuana outside its package or without the card. Both are required (MMA 303(b)(6) and (7)).
• Paying a citation without advice. A plea creates a criminal record that can affect jobs and future cases.

What should I do this week?

1. Read the citation or complaint and note each charge and its subsection.
2. Write down how the stop and search happened.
3. If you have a medical card, gather the card, certification and dispensary receipts.
4. Calendar the hearing date.
5. Ask about diversion before the first court date.
6. Book a consultation.

Frequently asked questions

Is marijuana decriminalized in Pennsylvania?

No. Under state law, possession of a small amount remains a misdemeanor under 780-113(a)(31) and (g).

Is a small-amount marijuana charge a summary offense?

No. The statute grades it as a misdemeanor with a 30-day maximum (780-113(g)). Summary offenses are explained in what a summary offense is.

Can I bring medical marijuana from another state?

The Act's provision for medical marijuana from other states is listed as expired, so rely only on Pennsylvania's program.

Is a pipe or grinder a separate charge?

It can be. Use or possession of drug paraphernalia is charged under 780-113(a)(32), with a maximum of one year and $2,500, which is higher than the small-amount marijuana charge itself.

Does sharing a joint count as delivery?

Distributing a small amount not for sale falls within the small-amount offense (780-113(a)(31)(iii)); selling does not.

Can a marijuana conviction be cleared?

Dismissed charges can be expunged, and convictions may qualify for sealing over time; see expungement and Clean Slate. Our criminal defense page lists the other charges we handle.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about a marijuana charge. Evening and weekend appointments are available.