In Pennsylvania, marijuana is considered a Schedule I substance as defined in 35 P.S. §780-104(1)(iv) of Pennsylvania's Controlled Substance, Drug, Device, and Cosmetic Act and possession of even the smallest amount of the substance, also known as marijuana, cannabis, pot, chronic, grass, bud, and reefer, is a misdemeanor. How severe of a charge and subsequent penalties you face depends largely on the amount of pot.
Additionally, the presence of any evidence for a cultivation or trafficking offense in addition to the possession charge will be considered. An experienced Philadelphia marijuana defense attorney will be able to assess the evidence against you and build a strong defense in an attempt to protect your freedom and your future.
Possession of Marijuana Lawyer in Philadelphia
Joseph Lento has the comprehensive knowledge and perseverance it takes to fight for a client's rights and future in a marijuana possession case. He works with a level of customer service and diligence that can be hard to find in today's criminal defense market, and he will fight to get the best possible outcome in your case.
If you have been charged with marijuana possession in Philadelphia and fear for your future, call Lento Law Firm at (215) 535-5353 today for your free consultation on what Joseph Lento can do for you.
Possession of Marijuana Information Center
- Definition of Marijuana in Pennsylvania
- Marijuana Possession in Philadelphia Defined
- Pennsylvania Penalties for Marijuana Possession
Definition of Marijuana in Pennsylvania
The definition of marijuana is found in section two of the Controlled Substance, Drug, Device, and Cosmetic Act as any form, species, or variety of the substance cannabis. This includes plants, resin, seeds, and any compound, derivative, preparation, or mixture containing them. Pennsylvania's definition of marijuana specifically excludes tetrahydrocannabinols (THC), the mature stalks of a marijuana plant, the fiber from said stalks, oils or cakes made from the plant's seeds, or any other mixture, preparation, derivative, or compound from the infertile mature stalks or sterilized seed of the plant.
Marijuana Possession in Philadelphia Defined
For a person to be in possession of marijuana in Pennsylvania, he or she must have actual or constructive possession of the substance. If it can be shown that a person had conscious control and dominion over the pot, that person can be charged with marijuana possession. For that individual to be convicted of marijuana possession, the trial evidence must establish beyond a reasonable doubt that he or she had conscious dominion over the contraband.
Guilt by association does not prove possession, and the consideration of a person's presence at a scene that includes cannabis is not sufficient evidence in itself to show conscious control. Therefore, if you were caught in the wrong place at the wrong time, you are not necessarily guilty of marijuana possession. An experienced Philadelphia marijuana defense attorney will be able to show the difference between presence and possession to both judge and jury.
Pennsylvania Penalties for Possession of Marijuana
The Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act separates possession penalties based on the amount of marijuana in possession at the time of arrest. A small amount of marijuana is considered any amount 30 grams or less of marijuana or 8 grams or less of hashish. This is punishable as a misdemeanor and could mean up to 30 days in jail and a fine of up to $500.
A large amount of marijuana is any amount over 30 grams, or any amount of hashish over 8 grams. This offense is also punishable as a misdemeanor, but you will face the extended penalties of by up to one year in prison and a fine up to $5,000. An experienced weed defense lawyer will be able to help sort out the possession details of your case and fight for a reduction or dismissal of charges.
Finding the Best Cannabis Possession Attorney in Philadelphia
Facing a Philadelphia pot possession charge can be an intimidating experience, especially if you were not in actual or constructive possession of the substance. Additionally, you are up against a justice system passionate about the War on Drugs and eager to add another conviction to the record. For a free consultation on how Joseph Lento can help you in your Philadelphia marijuana possession case, call (215) 535-5353 today.