If you have previously been convicted of any other drug, controlled substance, or marijuana cultivation offense in the past, the minimum mandatory penalties increase upon sentencing. A second offense is punishable by a $30,000 fine and a minimum prison sentence of four years. You could face even greater fines depending on how much money you made from the illegal marijuana cultivation.
Marijuana charges as considered criminal offenses, and it’s best to have an experienced Pittsburgh marijuana defense attorney on your side to help you navigate the complexity of the legal process around these cases. Your attorney can help evaluate the evidence being brought against you by the Commonwealth and assess what can and cannot be used to prosecute you. It’s also important to have an attorney who understands how to fight these types of cases and work toward maintaining your rights by drawing on prior experience and an in-depth understanding of the Pittsburgh criminal system.
Other possible consequences of a marijuana cultivation conviction:
How a Marijuana Charge Can Harm You
If you cultivated 10 to 50 pounds, or 21 to 51 plants, you can draw three years in prison and $15,000 in fines for a first offense.
If you are caught growing two to 10 pounds of marijuana, or 10 to 21 plants, you risk one year in prison and $5,000 in fines for a first offense. For a second offense, you can face two years in prison and $10,000 in fines.
Steps to Take if You Have Been Charged
If you grow marijuana in your basement or garden, and the police charge you with the cultivation of marijuana, you will need to retain a defense attorney who is knowledgeable in the current marijuana laws.
In Allegheny County and throughout western Pennsylvania, people frequently cultivate marijuana plants and with the recent signing of the Pennsylvania medical marijuana bill, this may seem like a relief to marijuana growers. But it is important to remember that while the new medical marijuana law allows patients with one of 17 qualifying conditions to access the drug, the medical marijuana must be purchased from an authorized dispensary. Therefore, if you are found with marijuana plants even if the crop is just for your own use, it can still cause serious legal problems.
Medical marijuana dispensaries could sell recreational marijuana from the same sales counter, but they would need to keep inventory and supply chains separate.
With an annual $50 permit, an individual can grow up to 10 plants in their home simultaneously. Homegrowers can keep the cannabis they cultivate for personal use or give it away, but they cannot sell it or trade it.
An admission fee can be charged, but just like how you bring your own alcohol to a BYOB, you have to bring your own weed to the lounge.
Will Pennsylvania allow home delivery of marijuana?
That’s subject to change based on products and quantity obviously, but the taxes on recreational marijuana products would be capped at 17.5%.
The state does have a head start on the rules because it created the infrastructure to begin regulating the medical marijuana industry since the Legislature passed bills to oversee and tax medical weed in 2016. And after a nearly two-year wait, the state began to open dispensaries for medical marijuana in 2018.
Can I grow marijuana in my house in Pa.?
No. Public consumption of cannabis would still be prohibited under the bill.
Meaning what exactly? We deconstructed Senate Bill 350 to break that down for you with these questions and answers. Take a look.