Answer:
Marijuana is categorized as a Schedule I drug under the Pennsylvania Drug Device and Cosmetic Act, meaning that it has no legitimate medical use. It remains a Schedule I drug under both Pennsylvania and federal law, although medical marijuana is now legal in 20 states and the District of Columbia. Pennsylvania has yet to legalize marijuana for medical purposes, and as such, one cannot assert a medical necessity defense to marijuana charges in Pennsylvania.
"Marijuana" is an old Mexican Spanish slang term for cannabis, which became so common by the 1930s, that it is now the most common English term for the plant, and is no longer considered slang. The Pennsylvania Drug Device and Cosmetic Act still employs the old "marihuana" spelling, rarely seen today in English outside of criminal statutes. "Marihuana" is defined in Pennsylvania as "the cannabis sativa" plant. Although much of the cannabis smoked and eaten in Pennsylvania is actually "cannabis indica" rather than "cannabis sativa," it is not a recognized defense to assert that one possessed cannabis indica rather than cannabis sativa. Both varieties of cannabis are illegal pursuant to Pennsylvania case law, despite the definition in the Drug Device and Cosmetic Act.
Marijuana offenses in Pennsylvania are divided into two major categories:
1) possession for personal use, graded as misdemeanor and 2) possession with intent to deliver (PWID), delivery or "manufacture" of marijuana, graded as a felony. Obviously, simple possession of marijuana is much less serious than possession with intent to deliver, but there can also be some heavy consequences for merely possessing marijuana for personal use.
Possession of marijuana for personal use in Pennsylvania is subdivided into two categories: "possession of a controlled substance" pursuant to 35 Pa.C.S.A. 113-780(a)(16) and "small amount of marijuana" 35 Pa.C.S.A. § 780-113(a)(31)(i). The possession of a controlled substance statute covers all illegal drugs from heroin to cannabis and everything in between. It even covers legal drugs like Adderall, in cases where the defendant lacked a valid prescription. The maximum penalty for possession of a controlled substance in Pennsylvania is 12 months incarceration and a $5,000 fine for a first offense, while a second conviction carries up to three years incarceration and a whopping $25,000 fine.
Small Amount of marijuana is defined as possessing less than 30 grams of cannabis for personal use. There are 28.5 grams in an ounce, a common unit in which marijuana is sold in the United States. The maximum penalty for possession of a small amount of marijuana in Pennsylvania is 30 days in jail and a $500 fine. By contrast, the maximum penalties for summary offenses like underage drinking, public drunkenness, disorderly conduct and criminal mischief is 90 days in jail, with maximum fines ranging from $300 to $1,000.
