Former Prosecutor and Pittsburgh Criminal Defense and DUI Defense Attorney | Call 412-447-5580

MARIJUANA POSSESSION IN PA | POSSESSION OF A SMALL AMOUNT OF MARIJUANA LAWYER

The crime of Marijuana Possession, otherwise referred to as Possession of a Small Amount of Marijuana should not be taken lightly, as you will have a permanent criminal record if convicted. Our office has defended those charged with Marijuana Possession in courts throughout Western Pennsylvania.

Possession of a Small Amount of Marijuana Offense in PA

Possession of a Small Amount of Marijuana is punishable by a maximum sentence of up to 30 days in jail and a $500 fine, plus court costs. To prove you guilty of this offense, the Commonwealth must establish that you had direct or constructive possession of 30 grams or less of marijuana. Direct possession occurs when marijuana is found on your person, such as in your pocket or in a joint you're holding. Constructive possession applies when drugs are not found on your person, but in an area you control, such as a home or vehicle.

Possession of More than 30 Grams of Marijuana in PA

If you are found in possession of over 30 grams of marijuana, you could be charged with a misdemeanor Possession of a Controlled Substance offense, punishable by a maximum penalty of 1 year in jail and a $5,000 fine for a first offense, and 3 years in jail and a $25,000 fine for a 2nd or subsequent offense.

Felony Marijuana Possession in PA

For those believed to be dealing or distributing marijuana, they will be charged with felony Possession With Intent to Deliver a Controlled Substance, punishable by up to 10 years and a $100,000 fine depending on the quantity of marijuana involved.

Marijuana Decriminalization in Pittsburgh

In 2015, the City of Pittsburgh passed an ordinance providing for the decriminalization of marijuana. This provides the City of Pittsburgh Police with the discretion to charge you with a local ordinance instead of the misdemeanor Possession of a Small Amount of Marijuana charge.

The City of Pittsburgh Police are not required to charge you with the local ordinance violation, and most cases will not be filed under the local ordinance. It is the arresting officer's sole discretion on whether or not to charge you with a misdemeanor or local ordinance offense. If you are found with a small amount of marijuana in connection with other crimes (i.e. DUI where marijuana found in car), you should expect to receive a misdemeanor charge.

This ordinance does not apply to marijuana arrests that occur outside of the city limits. If you are found in Possession of a Small Amount of Marijuana outside of city limits, you should expect to be charged with a misdemeanor offense.

DEFENDING YOUR MARIJUANA CASE

Never assume you are guilty of a drug offense even if drugs are found on your person, in your home, or in your vehicle. If the police violated your constitutional rights or made errors during the investigation, your case may be dismissed. Our firm will fight your case when the police commit the following errors:

Failing to test for DNA and fingerprints on containers used to hold drugs, including baggie corners, purses, glove compartments, safes, dresser drawers and other common storage items and locations.
Searching your person or vehicle without probable cause.
Failing to obtain a search warrant, or obtaining a defective search warrant.
Failing to submit the marijuana to the crime lab for appropriate testing.
Failing to prove direct or constructive possession, or ignoring evidence that the drugs found belonged to someone else.

HOW ZUCKERMAN LAW FIRM CAN HELP

Don't fight your marijuana possession case alone. Attorney David Zuckerman utilizes his trial experience and negotiation skills to fight for your entry into various diversionary and pre-trial programs, which may include:

Plea to Non-Traffic Citation at Magistrate's Office: fines and court costs only
Entry into the ARD Program: Leads to dismissal of charges and expungement of record.
Probation Without Verdict (PWV) Program: Leads to dismissal of charges and expungement of record.
Not Guilty Verdict.

If you are charged with a Small Amount of Marijuana, contact the Zuckerman Law Firm, LLC for a free consultation at 412-447-5580. Attorney David Zuckerman was a former drug prosecutor, and puts his experience to use in defending your drug case. Weekend and evening appointments available.