Arrested for Marijuana in Pennsylvania? Here’s What to Do Next
Marijuana laws keep shifting nationwide, but Pennsylvania still treats marijuana arrests seriously. A small amount in your pocket or a charge for selling can put your future at risk. These charges can impact your freedom, job, and long-term plans. First-time offenses often lead to a criminal record. If you drive for a living or hold a professional license, the consequences grow even more severe. You could also face a DUI if officers believe you were impaired.
At McKenzie Law Firm, P.C., we understand how marijuana charges can impact your life. Our firm focuses on criminal defense and DUI defense. We help clients across Montgomery County and Southeastern Pennsylvania fight marijuana-related charges. This guide explains what to expect after an arrest and how our legal team can help protect your future.
Is Marijuana Legal in Pennsylvania in 2025?
As of 2025, recreational marijuana remains illegal under Pennsylvania law. Possession without a valid medical marijuana card can lead to criminal charges. Pennsylvania does allow medical marijuana for approved patients. To qualify, you must:
- Have a valid state-issued medical marijuana card
- Be diagnosed with a qualifying medical condition
Even medical marijuana users must follow strict rules about how much they can carry and where they can use cannabis. Some cities in Pennsylvania, like Philadelphia and Pittsburgh, have reduced penalties for possessing small amounts of marijuana. These local decriminalization efforts often treat possession like a summary offense, similar to a traffic ticket. But this does not change state law. You can still face criminal charges outside those cities or in cases involving larger amounts, distribution, or impaired driving.
Common Marijuana Offenses in Pennsylvania
There are several marijuana-related offenses under Pennsylvania law. Each charge depends on the type of offense, the quantity involved, and your behavior at the time of arrest. Understanding these charges can help you prepare your defense and avoid long-term consequences.
Simple Possession PA
Simple possession means you had marijuana for personal use. If police find you with 30 grams or less, the charge is usually a misdemeanor. Penalties may include up to 30 days in jail, a $500 fine, or both. You may also face probation. A conviction can appear on your criminal record. First-time offenders might qualify for diversion programs. These charges are serious even if the amount seems small.
Possession with Intent to Deliver PA
Possession with intent to deliver is a felony charge. It applies when you have a large amount of marijuana, multiple packages, or tools like scales and baggies. Prosecutors may use phone records, cash, or messages as evidence of distribution. Convictions carry heavy penalties. You may face years in prison and large fines. The severity increases with the quantity involved. This charge can also impact your future job opportunities.
Possession of Drug Paraphernalia
You can face charges for owning tools used to store, use, or prepare marijuana. Common items include pipes, bongs, rolling papers, or grinders. Even without marijuana, having these items can result in a misdemeanor charge. Penalties may include up to one year in jail and a fine of up to $2,500. These charges often accompany possession offenses but can also stand alone.
DUI with Marijuana PA
You can be charged with DUI if you drive under the influence of marijuana. Pennsylvania law treats marijuana DUIs like alcohol DUIs. Police may use blood tests to detect THC. Even medical marijuana users can be arrested if they show signs of impairment. A conviction may lead to license suspension, jail time, fines, and a criminal record. The penalties increase if it’s not your first DUI offense.
What Happens After a Marijuana Arrest in PA?
Marijuana arrests in Pennsylvania trigger a formal legal process. Each stage can affect your future. Acting early can help protect your rights. Arrests may happen after traffic stops, home visits, or public encounters. Officers may collect evidence quickly. You have the right to remain silent and request a lawyer. Legal representation from the start can help reduce penalties and protect your record. Here’s what typically follows an arrest:
- Search and Seizure: Officers may search your person or vehicle. Items found may be used as evidence.
- Booking: Police take your fingerprints and enter your information into the system.
- Charges Filed: The district attorney decides what charges apply based on the facts.
- Arraignment: You attend a hearing and enter a plea. Bail may be set.
It is important not to answer police questions without a lawyer present. Anything you say can be used against you. McKenzie Law Firm, P.C. offers guidance during each phase of the legal process to help protect your rights.
Marijuana Possession Penalties in Pennsylvania
Marijuana possession penalties in Pennsylvania vary based on the amount and your criminal history. Even a first offense can lead to jail time and long-term consequences. Courts also consider your intent, location of the offense, and any past convictions. A marijuana conviction may affect your job, housing, or educational opportunities. Knowing the legal consequences can help you prepare your defense and make informed choices moving forward.
- Less than 30 grams (simple possession): If you are caught with less than 30 grams of marijuana, Pennsylvania treats it as simple possession. It is a misdemeanor offense. You may face up to 30 days in jail and a fine of up to $500. Courts may also order probation or drug education programs. Even a small amount can result in a criminal record that affects your future employment and background checks.
- More than 30 grams: Possessing more than 30 grams of marijuana can lead to more serious consequences. This is still a misdemeanor under Pennsylvania law but comes with higher penalties. You may face up to one year in jail and fines reaching $5,000. The court may also impose probation or other conditions. The larger the amount, the more likely prosecutors will assume intent to distribute.
- Possession with intent to deliver: This charge applies when police believe you planned to sell or distribute marijuana. Prosecutors look for signs like baggies, scales, cash, or texts. It is a felony in Pennsylvania. Conviction can result in up to five years in prison and fines up to $15,000. You may also face asset forfeiture. A felony record has serious effects on your rights and future opportunities.
Understanding Marijuana DUI Charges
Marijuana-related DUIs can lead to severe consequences. Law enforcement may ask for a blood test to detect active THC in your system. Pennsylvania law does not allow a set legal limit for THC like it does for alcohol. Marijuana DUI blood test results can show the presence of THC, the active ingredient in cannabis. However, THC can stay in your body for several hours or even days depending on the type of use.
Marijuana THC detection time PA varies by person. While traces may remain, the prosecution must prove you were impaired at the time of driving. Even if you use marijuana legally with a medical card, you may still face DUI charges if officers believe you were not in control of your vehicle. DUI penalties include:
- License suspension
- Fines and court fees
- Jail time or probation
- Mandatory drug education or treatment
Can I Clear My Record After a Marijuana Arrest in PA?
Yes, in some cases, you may be eligible to clear your record through expungement or a diversion program.
ARD marijuana diversion PA (Accelerated Rehabilitative Disposition) is a program for first-time non-violent offenders. If you complete the program successfully, your record may be sealed. Marijuana expungement Pennsylvania is possible after completing ARD or if charges were dropped. You may also qualify for expungement if the conviction was for a summary offense and you have stayed crime-free for five years. McKenzie Law Firm, P.C. can help review your eligibility and guide you through the process.
How Marijuana Charges Affect Professional Licenses and Immigration
A marijuana charge can put your professional license at risk in Pennsylvania. Teachers, nurses, healthcare workers, and CDL holders may face disciplinary action. Licensing boards can issue fines, suspend your license, or even revoke it. A conviction or even an arrest may trigger an investigation. If you are not a U.S. citizen, marijuana charges can also impact your immigration status. You may face visa denial, green card issues, or removal proceedings. Immigration law treats drug offenses seriously. Always speak to an attorney if your career or status could be affected by a marijuana-related charge.
Protect Your Future with McKenzie Law Firm, P.C.
Being arrested with marijuana in Pennsylvania does not mean your future is over. At McKenzie Law Firm, P.C., we provide the legal support you need to protect your rights and defend your record. Our experienced team will walk you through every step of the process and explore the best legal options for your case. We offer free consultations and are available when you need trusted guidance. Visit any of our conveniently located offices in Blue Bell, Exton, or King of Prussia to speak with an attorney who understands the law and your needs.
Office Locations:
Blue Bell: 325 Sentry Pkwy, Building 5 West, Suite 200, Blue Bell, PA 19422
Exton: 600 Eagleview Blvd, Suite 300, Exton, PA 19341
King Of Prussia: 630 Freedom Business Center, 3rd Floor, King Of Prussia, PA 19406
Phone: (610) 756-1303
Email: info@davidmckenzielawfirm.com
Office Hours: Mon-Fri: 8 AM – 5:30 PM, Sat-Sun: 9 AM – 12 PM (Call 24/7)
Facing a marijuana charge can feel overwhelming. But you do not have to face it alone. McKenzie Law Firm, P.C. is here to protect your rights, defend your record, and help you move forward with confidence. Contact us today to schedule your free consultation.
