Marijuana Crimes

Marijuana Crimes

Were you recently charged with a marijuana crime in West Chester, Pennsylvania? These charges can be serious, and it could be in your best interest to hire a criminal defense lawyer to put forth your best possible defense.

The West Chester marijuana crimes lawyers with DiCindio Law, LLC, are highly experienced and well-regarded. Our founding attorney, Michael DiCindio, has been practicing criminal law for over a decade. He’s also been named a Rising Star and a Super Lawyer by Super Lawyers.

For more information on what we can do to help, call our law office at (610) 430-3535 or reach out to us online. We offer a free initial consultation to review your case.

How DiCindio Law, LLC, Can Help if You Are Facing Marijuana Crimes Charges

How DiCindio Law, LLC, Can Help if You Are Facing Marijuana Crimes Charges

You might not be sure what to do after you’ve been charged with a marijuana crime in West Chester, PA. You might have thought these charges are largely a thing of the past. But the fact is, even a marijuana crimes conviction can haunt you for years to come. There’s a possibility of jail time as well as a lasting criminal record, among other consequences.

Having a West Chester drug crimes attorney in your corner is highly beneficial to help you fight back – but not just any attorney. Hire the experienced, reputable lawyers with DiCindio Law, LLC, and you can be assured that you’re making the right call. 

Michael DiCindio, our leading lawyer, is a former prosecutor. That means he knows how the prosecution operates from the inside and understands the criminal justice system more broadly than many of his peers. When you hire us to represent you, we’ll be able to:

  • Investigate your case to uncover any exculpatory evidence
  • Work with the prosecution to reduce or dismiss your charges, if possible
  • Ensure you’re kept up to date on the status of your case and your legal options
  • Bring your case to criminal trial if necessary
  • Listen to your side of the story and treat you with the respect you deserve

Contact our law firm today in Chester County for a free consultation with an experienced drug crimes lawyer. Your first consultation is free, and there’s no obligation.

A Brief Overview of Marijuana Crimes in Pennsylvania

As of August 2022, marijuana is illegal in the State of Pennsylvania except for those authorized to use it for medical purposes. It remains illegal recreationally and is still illegal at the federal level. That means that you could potentially face charges in a federal court of law, depending on the circumstances.

The primary state statute that applies to marijuana crimes is 35 PA. Cons. Stat.§ 780-113. This statute makes it illegal to possess, sell, distribute, or cultivate marijuana or marijuana paraphernalia. The statute applies to all controlled substances, of which marijuana is one. Hashish and concentrates are also covered under this statute.

A breakdown of each of these crimes and their associated penalties follows below. 


Possessing 30g or less of marijuana is a misdemeanor punishable by 30 days in jail and a $500 fine. More than 30g is a felony, punishable by up to a year in jail on top of a $5,000 fine.

Sale or Distribution

The sale or distribution of 30g or less of marijuana for no monetary compensation is a misdemeanor charge and carries a punishment of up to 30 days in jail and a $500 fine. 

As with possession, it is also a felony charge to sell or distribute more than 30g of marijuana. This charge can lead to 2.5-5 years in prison in addition to a fine of up to $15,000. 

These penalties can increase, however, depending on the circumstances of the case. For instance, selling to a minor can carry double penalties.


Pennsylvania makes it illegal to cultivate any number of marijuana plants. The penalties for this felony charge range from 2.5-5 years in jail and an up to $15,000 fine.

Hash and Concentrates

Possessing 8g or less of hash and concentrates is a misdemeanor punishable by up to 30 days in jail and a $500 fine. Possessing more than 8g is a felony punishable by up to a year in jail as well as a $5,000 fine. The manufacture of hash or concentrates is a felony charge that carries the possibility of 2.5-5 years in prison on top of a fine of as much as $15,000.


The sale or possession of marijuana paraphernalia is a misdemeanor punishable by 6-12 months in jail and a fine of as much as $2,500. Selling to a minor can greatly increase these penalties.

These are only the state laws and associated penalties. The penalties for federal charges are just as severe. You could also face collateral consequences, such as a criminal record, making it more difficult to find housing or employment.

Reach out to us for legal advice as soon as you can if you’ve been arrested on marijuana crimes charges, state or federal. We can help.

What Defenses Are Available for Marijuana Crimes in Pennsylvania?

Many defenses could be available to you if you’re facing marijuana crimes charges in West Chester, Pennsylvania. Our legal team will thoroughly investigate your case to determine the best defense given the facts and circumstances. We’ll also review the prosecution’s evidence and any applicable police reports. Possible defenses include, but are not limited to:

  • Exculpatory evidence is available that could negate one or more of the legal elements of your charges
  • The prosecution lacks enough evidence to prove your charges beyond a reasonable doubt
  • Your constitutional rights were violated, such as an illegal search and seizure
  • You had a valid medical marijuana card

Hire DiCindio Law, LLC, today, and we can begin working on defending you against the criminal charges you’re up against.

Contact Us Today for a Free Consultation With a West Chester Marijuana Crimes Lawyer

You don’t have to defend yourself against the marijuana crimes charges you’re facing alone. DiCindio Law, LLC, is here to protect your rights and aggressively defend your case against the prosecution.

We’re led by a former prosecutor, so the other side won’t be able to take advantage of you like they can those represented by a less-experienced attorney. Our West Chester marijuana crimes lawyers are ready to go to work for you.

Call us or contact us online to schedule your free initial consultation. We look forward to speaking with you.

Small Amount of Marijuana in Philadelphia

Possessing Small Amount of Marijuana now only a fine in Philadelphia

New legislation in Philadelphia has gone into effect today minimizing the penalties of being caught with a small amount of marijuana.

The goal behind the legislation is aimed at easing the punishment of offenders of this kind while also lowering the burden police officers and prosecutors have experienced in aggressively enforcing the crimes code when it comes to small amount of marijuana charges.

An offender who is found in possession of a small amount of marijuana will now face a minimal fine and one who is found using marijuana will be subject to a slightly higher, yet still minimal fine.

Once the identification of the individual is ascertained, by showing ID, the interaction between police and an accused is supposed to stop. Still, if no valid ID is found on the person, they can be held until their identity is determined and then must be released.  

This new bill does not legalize marijuana, but instead decriminalizes certain levels of possession and use and minimalizes what law enforcement officers may do when faced with those circumstances.

This legislation is bound to raise questions in enforcement, prosecution and defense of cases that either involve a small amount of marijuana and/or cases that begin with marijuana as the inception of the contact between an individual and a police officer.

For one, many cases start with police officers locating a small amount of marijuana and using that as reasonable suspicion or probable cause to further investigate and detain an individual. This new bill may raise many challenges to the search and seizure of individuals in the coming months, causing the Courts in the county to interpret whether officers may still use this/these circumstances as reasonable suspicion or probable cause to further detain and search.

 It is too early to determine the true impact this change will have on the implementation of the laws in Philadelphia County. Still, it is something that criminal defense lawyers and law enforcement must be aware of when prosecuting or defending a case that involves a small amount of marijuana.

***This blog is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice.  By reading, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used, nor is it meant to be, as a substitute for competent legal advice from a licensed professional attorney. This blog also does not discuss all aspects of the topics involved or the bill that has been placed into effect***

Contact Our Criminal Defense Law Firm in West Chester, PA

If you are facing criminal charges and need legal help, contact the West Chester, PA criminal defense lawyers at DiCindioLaw, LLC to schedule a free initial consultation.

DiCindio Law, LLC

29 S Walnut St
West Chester, PA 19382
(610) 430-3535