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Marijuana in Pennsylvania

Pennsylvania Law provides for penalties according to the federal drug schedules, established by the Controlled Substances Act of 1970:

Marijuana

A Schedule I drug is one which has no accepted medical use, and a high tendency toward abuse and addiction. These include Heroin, LSD, Ecstasy, GHB and marijuana.

A Schedule II drug has a high tendency for abuse, may have an accepted medical use, and a tendency toward addiction through chronic use. These included Cocaine, Morphine, Opium, Amphetamines and Methamphetamines. Not all pharmacies will stock Schedule II drugs.

Schedule III drugs have a lesser tendency for abuse, and a currently accepted medical use. A prescription is required for Anabolic steroids, Codeine, Ketamine, and Hydrocodone with Aspirin or Acetaminophen, and similar drugs.

Schedule IV drugs have a low potential for abuse, have a currently accepted medical purpose, and a low tendency toward abuse and addiction. These include Valium, Xanax, Phenobarbital and Rohipnol. These require a prescription, but not all pharmacies will routinely carry them.

Schedule V drugs are those commonly available without prescription, such as cough suppressants with Codeine.

The Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (1972) at 35 CS 780-101defines marijuana as a controlled substance. It also defines Drug Paraphernalia.

In Pennsylvania, POSSESSION of marijuana is a misdemeanor.

Possession of 30 grams or less is punishable by up to 30 days in jail, a fine of $500 (plus court costs), and an automatic six month suspension of driving privileges.

For possession of more than 30 grams, the penalties increase to up to one year in jail, a $5000 fine (plus court costs), and an automatic six month suspension of driving privileges.

Cultivation, Distribution or Sale of marijuana are all felonies.

Note that a JAIL sentence would be served in a local or county facility, while a PRISON sentence would be served in either a State or Federal facility.

 
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