Pennsylvania Marijuana Laws

Explaining Pennsylvania’s Marijuana Laws

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The date 4/20 has a reputation in today’s media. This date unofficially represents a celebration of cannabis use. More states in the U.S. are allowing recreational marijuana usage including Pennsylvania’s neighboring state, Ohio. With different states having different marijuana laws, the legality of weed usage can be very confusing.  

Nicholas Katko, a Partner at Edgar Snyder & Associates, joined Mikey Hood on Pittsburgh Today Live’s legal segment Straight to the Point to break down marijuana laws in Pennsylvania for viewers.

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Pennsylvania’s Marijuana Laws: What is Legal?

Mikey kicks off the segment with a hard-hitting question for Nick. “I know a lot of people assume marijuana is legal here in Pennsylvania,” she says. “What is actually legal and what is not?”

Nick replies, “So it is sort of legal. Recreationally, it is not. You can’t just smoke it because you want to. You must have a medical condition.”

In the state of Pennsylvania, recreational marijuana use is illegal; however, your doctor can prescribe a medical marijuana card as treatment for certain medical conditions.  

Mikey follows up with another question. “What if someone gets caught with a small amount of marijuana in their system. Can they get in trouble?”

“Well, it kind of depends on where you are,” Nick says.

In Pittsburgh and Philadelphia, the two larger cities in the state of Pennsylvania, marijuana use is decriminalized.  

“This basically means that you’re going to get a citation and a small fine. Outside of those cities, you may get hit with a stricter penalty depending on how much you have,” Nick says.

The segment continues with Mikey asking a question related to the possession of marijuana smoking devices.  

“If someone is walking around with a pipe, bong or if they have something like that in their car, can they get in trouble?”

“You can get in trouble for that, even if you don’t have marijuana on you. Simply having the device is enough to get you in trouble, though that would be a separate offense.”

Common Misconceptions Surrounding Marijuana

The duo goes on to discuss common misconceptions that people have about marijuana use in Pennsylvania. Nick adds that you can’t smoke the traditional flower, like you might be familiar with. Marijuana can be consumed through a vaporizer, gummies, edibles, etc. He also shares a fun fact about marijuana that not a lot of people know.

“The interesting thing that I found out is that you can’t even purchase marijuana in a cookie or a brownie at a medical shop. You have to make that yourself.”

“That is really interesting!” Mikey agrees.

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Common Misconceptions Surrounding Marijuana

The duo goes on to discuss common misconceptions that people have about marijuana use in Pennsylvania. Nick adds that you can’t smoke the traditional flower, like you might be familiar with. Marijuana can be consumed through a vaporizer, gummies, edibles, etc. He also shares a fun fact about marijuana that not a lot of people know.

“The interesting thing that I found out is that you can’t even purchase marijuana in a cookie or a brownie at a medical shop. You have to make that yourself.”

“That is really interesting!” Mikey agrees.

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Firearms and Medical Cards: Can You Have Both?

From here, the segment takes an interesting turn as the pair dives into how having a medical marijuana card can affect the licensing of firearms.  

“If you have a medical card, that affects your ability to have a firearm. When you go to apply for your license, they are going to ask you whether you have a medical card. If you say yes, you are unable to get the gun,” Nick explains.  

Mikey nods along as Nick continues. “Now the same thing goes for if you already have a firearm license and then you get your medical card. When it is time to renew your firearm license, you would be cut off.”

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Driving and Transporting Marijuana

Mikey adds that people are driving across state lines to states in which recreational marijuana use is legal and bringing marijuana back into Pennsylvania. Nick addresses the situation saying that doing so is extremely risky.

“Depending on how much you are transporting back across state lines, the penalties will escalate with the more that you have.”

The two dive deeper into the conversation, discussing the topic of getting pulled over with THC in your system.  

“What if you get caught with THC in your blood. Can the police say that you are impaired?”

“Yes, if you are driving and you get pulled over for the suspicion of marijuana use and the police have you take a test, even if the test is positive by .1 nanogram that would be a DUI at the highest tier,” Nick answers

A DUI at the highest tier in Pennsylvania comes with a seventy-two hour minimum jail time, up to six months in prison, and the suspension of your license for twelve months.

It’s safe to say that if you have THC in your system, do not operate a motorized vehicle.

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How Do You Acquire a Med Card?

The segment closes with a final question: How does one get their medical marijuana card?

“What should you know and what should you do to get one?” Mikey asks.

“Definitely consult your doctor,” Nick begins. “Your doctor is going to be the one to start guiding the process. There are various medical conditions that are a greenlight for med cards.”

Some medical conditions that med cards are approved for are anxiety, depression, post-traumatic stress disorder (PTSD), cancer, and chronic pain. If you want a different type of treatment for your medical condition, your doctor may approve you for a med card.

For more information about medical marijuana use in Pennsylvania, watch the full video today!

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