State Sens. Dan Laughlin and Sharif Street want to amend Pennsylvania’s medical marijuana program to permit patients to grow the herb in their own homes.
The bill states the cultivation must occur in an “enclosed, locked out” space that’s inaccessible to an unauthorized person, including those under the age of 21. Dispensaries would sell seeds to patients for home cultivation. Neither the seeds, the plants, nor the cultivated cannabis they produce can be sold or given to another person.
Laughlin said the bill would also address convenience issues, especially for medical marijuana patients who don’t live close to a dispensary.
Under Pennsylvania law, the amount of marijuana prosecutors can prove you are growing determines the range of penalties you may receive, with mandatory minimum sentences triggered at certain amounts. The sentence may depend on the number of the plants or on the weight of the plants. If determined by weight, prosecutors will use the whole plant — even the roots and other sections of the plant not normally ingested, smoked, or otherwise used.
If you are growing any very small amount for personal use, you may face only mere possession charges for a small amount. Possession of a small amount of marijuana is a misdemeanor that can result in up to 30 days in jail and a fine up to $500.
Cultivation of Marijuana Charges in Pennsylvania
If you are charged with either possession of any amount of marijuana between 2 pounds and 10 pounds, or possession of 10 to 21 live plants, you face a mandatory minimum of one year in prison and a fine of at least $5,000. For a second such offense, the minimum doubles to two years in prison and a $10,000 fine.
At Alva Foster & Moscow, LLC, our Philadelphia marijuana defense lawyers will carefully scrutinize the procedures and steps taken by police. Any mistake on their part could lead to the evidence they find being suppressed, would could lead to the charges being reduced or discharged.
Pennsylvania Cannabis Cultivation Issues
If you are arrested for marijuana cultivation, your attorney can argue to suppress illegally obtained evidence and fight to have your charges reduced or dismissed. At Alva Foster & Moscow, LLC, you can find Philadelphia marijuana cultivation lawyers who will stand up to prosecutors. We will zealously advocate for you, calling the prosecution’s evidence into question and vigorously cross-examining their witnesses. Call us today at (215) 665-1695 to set up a consultation to discuss your marijuana cultivation charges.