Marijuana Charges Defense Attorneys in Pittsburgh, PA

Drug Charges? An Arrest Does Not = Guilty™

In 2025, Marijuana remains a Schedule I controlled substance under PA law, and is regulated under the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-113). The unauthorized possession or sale of it remains illegal in PA, and can lead to harsh penalties.

If you’ve been charged with a Marijuana crime in Pittsburgh or elsewhere in PA, it’s important to remember that being arrested does not mean you will be found guilty. At Shrager Defense Attorneys, our experienced drug crime attorneys will carefully analyze the evidence in your case and fight to avoid a conviction in your case.

Types of Marijuana Offenses in PA

Marijuana-related offenses in Pennsylvania fall into the following categories: possession, manufacturing, possession with intent to deliver or manufacture, and paraphernalia. Although the severity of the penalties depends upon numerous factors, the amount of the drug found in one’s possession is generally the most significant factor.

What Happens When You Are Arrested for Marijuana Possession in PA?

The illegal possession of marijuana in Pennsylvania is still considered a serious offense under 35 P.S. § 780-113(a)(16):

“Knowingly or intentionally possessing a controlled or counterfeit substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, unless the substance was obtained directly from, or pursuant to, a valid prescription order or order of a practitioner, or except as otherwise authorized by this act.”

If you’re found in possession of more than 30 grams (1.06 ounces) of marijuana or more than 8 grams of hashish, you can be charged under 35 P.S. § 780-113(a)(16). This is a misdemeanor offense and carries a penalty of up to 1 year in jail, a maximum fine of $5,000, or both.

If you’re found in possession of “a small amount of marijuana” (30 grams or less), you can be charged under 35 P.S. § 780-113(a)(31)(i), which also is a misdemeanor but carries a smaller maximum penalty: up to 30 days in jail, a maximum fine of $500, or both.

If you’re found in possession of “a small amount of marijuana” in Pittsburgh, the officer has the discretion to charge you with the above misdemeanor, or, with a summary violation under the city’s local ordinance, which carries a $25 fine for possession and $100 for smoking in a public space.

Defenses to Marijuana Possession: How We Can Help

Our Pittsburgh marijuana defense lawyers can help you fight a possession charge by examining whether the police had legal grounds to stop, search, or arrest you. In some cases, marijuana evidence can be declared inadmissible (thrown out) if it was obtained through an unlawful search or seizure. We can also challenge whether the weed was actually yours, whether it was tested and identified correctly, and whether your constitutional rights were violated at any point during the arrest or investigation.

Attorney Shrager is available on his personal cell phone 24/7. You can text or call him now.

What Happens If You Are Arrested for Marijuana PWID in PA?

The term “PWID” is an acronym for Possession with Intent to Distribute, which is among the most serious of drug crimes in PA. This charge, found under 35 P.S. § 780-113(a)(30), applies not only to marijuana but to any controlled substance:

“Except as authorized by this act, the manufacture, delivery, or possession with intent to manufacture or deliver, a controlled substance by a person not registered under this act, or a practitioner not registered or licensed by the appropriate State board, or knowingly creating, delivering or possessing with intent to deliver, a counterfeit controlled substance.”

UNDER PENNSYLVANIA LAW:

“Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, other drug or device or the packaging or repackaging of such substance or article, or the labeling or relabeling of the commercial container of such substance or article…

“Deliver” or “delivery” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, other drug, device or cosmetic whether or not there is an agency relationship.

Generally, this statute is intended to prohibit the sale and distribution of marijuana, but it also criminalizes conduct that indicates a person possessed the drug with the intent to sell or distribute it.

Evidence of “Intent to deliver” can be inferred by a judge or jury based upon the facts and circumstances, such as the amount and packaging of the drug; the presence of cash, baggies, scales or lab equipment; packaging labels, text messages about sales, as well as expert testimony regarding how marijuana is commonly sold.

Maximum penalties for most PWID marijuana cases: Felony – up to 5 years in prison, a maximum fine of $15,000, or both.

PWID involving over 1,000 pounds of marijuana: Felony – up to 10 years in prison, a maximum fine of $100,000, or both.

Exceptions for small amounts of marijuana – Under 35 P.S. § 780-113(a)(31), the law provides reduced penalties for two situations involving 30 grams or less of marijuana, or 8 grams or less of hashish.

If the charge involves “the possession of a small amount of marihuana with intent to distribute but not to sell,” or “the distribution of a small amount of marihuana but not for sale,” it is classified as a misdemeanor, punishable by up to 30 days in jail and a $500 fine.

* If a person is charged with marijuana PWID while in possession of a firearm, they face a mandatory minimum of five years imprisonment, if convicted.

* Penalties are more severe if you are found with drugs in a school zone or selling drugs to a minor.

Defending a Marijuana PWID Charge in Pennsylvania: How We Can Help

Being charged with possession with intent to deliver does not mean the Commonwealth can prove that you intended to sell or distribute marijuana. Prosecutors must establish that intent beyond a reasonable doubt, which is the highest standard of proof. One of the most common defenses in a PWID case is that the marijuana was for your personal use, and not for sale.

Another defense involves search and seizure issues. Many marijuana arrests occur during traffic stops or during searches of homes. If police lacked probable cause, exceeded the scope of their search warrant or conducted an unlawful stop, our Pittsburgh marijuana defense lawyers will fight to suppress any evidence that was seized. Weakening the Commonwealth’s case can lead to dropped or reduced charges.

First-time Marijuana Offenders: Conditional Programs

In Pittsburgh and Allegheny County, first-time marijuana offenders are often eligible for conditional programs, such as the Accelerated Rehabilitative Disposition (ARD), Probation Without Verdict and Allegheny Service Institute (ASI), which all offer expungement as part of the plea bargain package.

Talking with an experienced Pittsburgh drug possession attorney is the best way to find out if you are eligible for these types of programs. An aggressive attorney knows how to push for these types of programs.

Another option available that an aggressive attorney can push for is The Allegheny County Drug Court / Drug Diversion Program, which is a rehabilitative program that can shorten your sentencing.