ILLEGAL MARIJUANA USE

Representation from a Luzerne County Drug Crime Attorney

In a study by the National Survey on Drug use and Health, marijuana has been declared as the most commonly used drug in the country. In an effort to halt to the widespread use and effects of marijuana, increasing legal measures have been enforced throughout the U.S., and Pennsylvania is no exception.

Individuals who are found in possession of marijuana could face a mandatory sentence. For those who are found to be trafficking, distributing or transporting marijuana, the charges could be even higher.

The amount of the drug that is present in your system or on your person at the time of your arrest will weigh heavily in the ultimate conviction made. If certain drug paraphernalia is present or the number of plants is deemed excessive, you could be facing charges on suspicion of possession for sale.

Fight Your Charges in Luzerne County, PA

If you've been accused of a marijuana drug crime, then you need our attorneys on your side to make sure that your rights are not overlooked. Law enforcement officers might attempt to search your house without a warrant, thus enabling them to obtain evidence that can later be used against you.

At Mack Law Offices, we are familiar with the tactics that prosecutors often employ when trying to make a case against you. As such, we prepare our defense to challenge these arguments.

Our lawyers have an impressive track record of success that consists of thousands of case wins. We are never afraid to put up a fight for our clients and we know how to aggressively defend all types of marijuana-related charges.

We offer a case evaluation and 24/7 access to our services, allowing you to start a case immediately.

Frequently Asked Questions about Illegal Marijuana Use in PA:

  • What are the current marijuana laws in Pennsylvania, and what constitutes "illegal marijuana use"?

    • While Pennsylvania has legalized medical marijuana, recreational use remains illegal. "Illegal marijuana use" generally refers to possession, distribution, cultivation, or use of marijuana without a valid medical marijuana card, or exceeding the legal limits outlined in the medical marijuana program. Even with a medical card, possessing or using marijuana in ways not allowed by the program is still illegal. It's crucial to understand that even though some states have legalized recreational marijuana, Pennsylvania laws still apply within its borders. The distinction between legal medical use and illegal recreational use is heavily enforced, and misunderstandings can lead to criminal charges. Additionally, driving under the influence of marijuana is illegal regardless of medical card status.

  • What are the potential penalties for illegal marijuana possession in Pennsylvania?

    • The penalties for illegal marijuana possession in Pennsylvania vary depending on the amount possessed and whether it's a first offense. For small amounts, it might be a misdemeanor with fines and potential jail time. Larger quantities can lead to felony charges, resulting in significantly harsher penalties, including lengthy prison sentences and substantial fines. Prior offenses increase the severity of penalties. Additionally, possession with intent to distribute carries heavier penalties than simple possession. The specific county where the offense occurred can also influence the penalties, as some counties may have stricter enforcement policies than others. It's important to remember that these penalties are not just theoretical; they are actively enforced in Pennsylvania.

  • Can I be charged with a DUI if I am driving under the influence of marijuana in Pennsylvania?

    • Yes, absolutely. Driving under the influence of marijuana (DUID) is illegal in Pennsylvania. Law enforcement uses various methods to detect marijuana impairment, including field sobriety tests and blood tests. If you are found to have marijuana in your system while driving and are deemed impaired, you can be charged with a DUID. The penalties for DUID are similar to those for alcohol-related DUIs, including fines, license suspension, and potential jail time. Even if you have a medical marijuana card, you can still be charged with a DUID if you are impaired. The legal standard is impairment, not just the presence of THC in your system. This is a serious offense with significant consequences.

  • What should I do if I am arrested for illegal marijuana possession in Pennsylvania?

    • If you are arrested for illegal marijuana possession in Pennsylvania, the most important thing is to remain calm and exercise your right to remain silent. Do not answer any questions from law enforcement without first speaking to an attorney. Immediately request to speak with a lawyer. An attorney can advise you on your rights and help you navigate the legal process. They can also work to protect your rights and potentially reduce or dismiss the charges against you. Do not consent to any searches without a warrant. Contacting a qualified criminal defense attorney as soon as possible is crucial to protecting your future.

  • How can a criminal defense attorney help me if I am facing marijuana-related charges in Pennsylvania?

    • A criminal defense attorney can provide invaluable assistance if you are facing marijuana-related charges in Pennsylvania. They can review the details of your case, identify any potential defenses, and negotiate with the prosecution on your behalf. An attorney can also represent you in court, ensuring that your rights are protected throughout the legal process. They can challenge the legality of the arrest, the evidence collected, and the procedures followed by law enforcement. Additionally, they can help you understand the potential consequences of your charges and advise you on the best course of action. A skilled attorney can often negotiate for reduced charges or alternative sentencing options. Their experience and knowledge of Pennsylvania drug laws can be the difference between a conviction and a favorable outcome.