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Medical Marijuana Attorney
in Pottstown, Pennsylvania

Medical marijuana is legal in Pennsylvania, but only when a patient qualifies under strict guidelines. Possession of marijuana for recreational purposes is still illegal in this state, and failure to comply with the medical marijuana laws can be considered "recreational" use, even when you intended to follow the law and use it for medical purposes.

With the help of experienced criminal defense attorney David J. Cohen at your side every step of the way, you can know that you are represented by an attorney who understands Pennsylvania medical marijuana laws and can defend your case.

Medical Marijuana: Laws and Regulations

Under Pennsylvania drug possession laws, possession of marijuana for recreational "non-medical" use is still illegal and could subject you to criminal penalties for drug possession. 

However, those with a valid medical card for medical marijuana are allowed to possess up to what the physician certified of:

  • cannabis flower,

  • creams,

  • gels,

  • liquids,

  • oils,

  • ointments,

  • pills, or

  • tinctures.

The cannabis flower is the most recent addition to the approved list and was previously unavailable. However, it is important to note that smoking a cannabis flower is still illegal. If a person wishes to use cannabis flower medicinally, he or she must consume it by vaporization.

Limits on Purchasing Medical Marijuana in Pennsylvania

Medical marijuana dispensaries are permitted to sell up to a 90-day supply of the medicine to a patient. Records must be kept of each amount obtained. Patients can then "re-up" their 90 days supplies in the last 7 days of the amount they have, in order to get a refill.

These limits are strictly enforced. If you have more than the 90-day supply amount, the possession of that marijuana is illegal under Pennsylvania drug possession laws. Significant criminal penalties can be imposed as a result, even if you honestly were just using marijuana for medicinal purposes. Never try to go around the system to obtain more than you are permitted or prescribed.

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Patients Who Qualify

Not every person is allowed to use medical marijuana. Only those with an ailment on the qualifying list are able to use medical marijuana, including:

  • Addiction Substitute Therapy – Opioid Reduction

  • Amyotrophic Lateral Sclerosis (ALS)

  • Autism

  • Cancer, Including Remission Therapy

  • Crohn's Disease

  • Damage to the nervous tissue of the spinal cord with an objective neurological indication of intractable spasticity

  • Dyskinetic and Spastic Movement Disorders

  • Epilepsy

  • Glaucoma

  • HIV/AIDS

  • Huntington's Disease

  • Inflammatory Bowel Disease

  • Intractable Seizures

  • Multiple Sclerosis

  • Neuropathies

  • Neurodegenerative Diseases

  • Parkinson's Disease

  • Post-traumatic Stress Disorder

  • Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or ineffective

  • Sickle Cell Anemia

  • Terminal Illness

A person using medical marijuana without a proper prescription for one of the above-listed conditions could face criminal penalties, the same as someone who was simply using it recreationally.

Consumption and use of Medical Marijuana

Medical marijuana can only be vaped or ingested. Medical marijuana cannot be smoked.

Your place of employment may also permit the use of Medical marijuana under Pennsylvania law. However, it is not common for jobs to approve their consumption on their property. It must be noted that employers cannot discriminate against employees who use Medical Marijuana, have a Medical Marijuana Card. However, taking your legally prescribed medicine, depending on your employment, or while driving, could subject you to criminal charges.

It is highly recommended to only use medical marijuana in the home, not in vehicles because vehicles are highly regulated, ones rights are diluted, and one could be charged with DUI. The home is the best and safest place for the use of medical marijuana.

Transportation of Medical Marijuana in Pennsylvania

A patient or caregiver is allowed to transport medical marijuana within state lines as long as it is within their 90-day supply limit. Just like alcohol, it is required to be kept out of reach and in a closed, sealed container. Unused medical marijuana should always be kept in the original packaging.

The best place for it when transporting it is in the trunk of the car, or the very back of the vehicle if there is no trunk. This will help prevent any mistake that you were attempting to use and drive, which could quickly lead to a DUI charge.

Possession Charges

If you fail to follow the medical marijuana laws or possess marijuana without a prescription, you could face the following penalties:

  • Possession of 30 grams or less of marijuana: A misdemeanor, which carries the possible penalties of 30 days in jail and a fine of up to $500.

  • Possession of more than 30 grams of marijuana: Can result in up to 1 year in jail and a fine of up to $5,000.

This includes the cultivation (growing) of marijuana. Some states allow a person to grow a certain amount of marijuana, but Pennsylvania does not.

Defending Your Case

Various defenses are available to marijuana possession charges, including, but not limited to:

  • You hold a valid medical marijuana prescription card;

  • You only possess a 90-day supply or less;

  • Non-compliance with the statute was a mistake (not always a defense);

  • You have a qualifying medical condition; or

  • Your use or transportation of marijuana was legal.

Consult an Experienced Pennsylvania Criminal Defense Attorney

If you face charges related to medical marijuana possession, there are defenses that can be raised on your behalf. You have the right to challenge the prosecutor's allegations and defend your constitutional rights. Never assume you are guilty, or that there is no point in fighting back.

Criminal defense attorney David J. Cohen is devoted to representing the people of Pottstown, Pennsylvania, and surrounding areas. Contact the David J. Cohen Law Firm, LLC today for a consultation.