In Pennsylvania, possession of under 30 grams of marijuana (or under eight grams of hashish) is treated as a lighter offense than most drug crimes. Possession of a small amount of marijuana is listed as a crime under 35 P.S. § 780-113(a)(31). This crime includes having marijuana for personal use, having marijuana to deliver it to someone else, or actually delivering marijuana to someone else – as long as you do not intend to sell it for money. The sale of marijuana, even if it is under 30 grams, is a different crime. Also note that marijuana is spelled “marihuana” in the Pennsylvania code, but means the same thing.

When people are charged with drug possession, they usually have the drug stored in something. If a person also possesses a perceived way of injecting, smoking, or taking the drug, these tools are generally called “paraphernalia”. Possession of drug paraphernalia is illegal under 35 P.S. § 780-113(a)(32).

Possession of drug paraphernalia is only illegal if the government can prove that you used it, or have it with the intent to use it for one of the following listed purposes:

• Growing,
• Manufacturing,
• Preparing,
• Repacking,
• Storing, or
• Ingesting drugs.

Drug paraphernalia, as mentioned, includes any of the tools used alongside drugs. This includes the following:

• Baggies
• Balloons
• Bongs/water pipes
• Bowls
• Caps
• Grinders
• Needles
• Pipes
• Rolling papers
• Scales
• Spoons
• Syringes
• Vaporizers/vapes modified for use with marijuana

Some of these may have legal uses, such as rolling papers (for tobacco) and baggies (for storage), so the government may have a difficult case to prove possession of drug paraphernalia without the presence of drugs or drug residue. It may also be difficult for the government to prove you intended to use the paraphernalia involved. Without certain kinds of evidence, an experienced criminal defense attorney may be able to beat the government’s case.

Possession of any other drug, or more than 30 grams of marijuana (or eight grams of hashish), is taken very seriously under Pennsylvania law. General drug possession in Pennsylvania is listed under 35 P.S. § 780-113(a)(16). This possession includes any “controlled or counterfeit substance,” which means any drug listed in Pennsylvania’s “drug schedules.”

Criminal defense lawyer Jenna Fliszar can help with any of these drug possession charges under § 780-113(a)(16):

• Cocaine possession
• Crack possession
• Crystal meth/methamphetamine possession
• Heroin possession
• LSD possession
• Marijuana (pot, weed, etc.) over 30 grams (or eight grams of hashish)
• MDMA/Molly/Ecstasy possession
• PCP/Angel Dust possession
• Prescription drug possession
• Psilocybin/mushroom possession
• Synthetic marijuana possession

For possessing less than 30 grams of marijuana (or less than eight grams of hashish), Pennsylvania’s maximum sentence is 30 days in jail. You can also be sentenced to a fine of up to $500 on top of court fees and other built-in costs.

For any other simple drug possession, the maximum sentence is one year in jail. You can also be made to pay a fine of up to $5,000 on top of court costs and fees

Possession of drug paraphernalia is a misdemeanor and is punished with up to one year in jail and a potential fine of up to $2,500. This crime can still be charged even if you do not possess any drugs at the time of your arrest.