Marijuana

**whoshisface** · September 28th, 2007, 11:25 AM

I've searched the code and can't find a law prohibiting the possession nor defining the state penalty for marijuana possession if the amount is under 2 pounds.

It was a matter of personal debate and I'm looking for the criminal penalties pertaining to the possession of marijuana and/or if any the presence of firearms. I was under the impression that it is a minimal of 5 years in prison if you have a firearm in the same premises that contain any illegal drugs...

I'm sure a few of you know this and where I could find both of these provisions. So far I have only found federal law which stated something like 2 years for possession but none with the presence of a gun...

**whoshisface** · September 28th, 2007, 11:58 AM

Okay I proved my point from a federal law statue point, but still found not one pa law again <2 pounds of marijuana possession which is just weird...

Note: any possession of any amount no matter how small of Marijuana is considered drug trafficking and carrying a weapon while convicted of such a crime "drug trafficking" (even if you only have one tiny miniscule particle for personal use only) is an automatic 5 year sentence...

http://www.law.cornell.edu/uscode/ht...4----000-.html

http://themacefirm.com/drug_traffick...afficking.html

**halo23pa** · September 28th, 2007, 11:59 AM

I did a quick search on some of the Pa drug laws online. The only issue is they are not complete so I doubt they'd be too specific about your question. http://home.att.net/~judiciary/index.html

**whoshisface** · September 28th, 2007, 11:59 AM

Oh yes, I'm still looking for any PA law regarding small amount possession in PA code, if anyone has it please let me know..

**LorDiego01** · September 28th, 2007, 11:59 AM

I've seen the posters on the highways that say if you get caught with anything and a gun its a 5 year minimum. Which I believe to be absolutely retarded.

Also, FBI statistics indicate that the great majority of arrests per year are on possession of marijuana, instead of say...

....robberies, rape and murder.

Sorry I can't help you beyond that.

**whoshisface** · September 28th, 2007, 12:04 PM

That's what I found.
http://www.legis.state.pa.us/WU01/LI...5.008.000..HTM

However, nothing here indicates a state violation when the amount is <2 lbs???

" when the amount of marijuana involved is at least two pounds, but less than ten pounds, or at least ten live plants but less than 21 live plants"

For your future knowledge PA statues in their entirety can now be found here.

http://www.legis.state.pa.us/cfdocs/...cons_index.cfm

**novice** · September 28th, 2007, 12:45 PM

Maybe this explains it: not all the statutes are codified in the Consolidated Statutes. We know there are liquor laws, but this is all the C.S. has to say about it:
they ain't here.

LIQUOR Title 47
Editorial Note: A program of codification and compilation of
the laws of the Commonwealth of Pennsylvania began in 1970 with
the enactment of the act of November 25, 1970 (P.L.707, No.230),
known as the Pennsylvania Consolidated Statutes, which
established the structure of the Pennsylvania Consolidated
Statutes to be implemented from time to time by future
legislative enactments. To date, this title has not been
implemented by any legislative enactments. Thus, statutory
material relating to the subject of this title remains in
uncodified form and may be found by reference to the particular
statute or statutes containing the provisions desired.

Found a number of citations like this :

Amending the act of April 14, 1972 (P.L. 233, No. 64), known as The Controlled Substance, Drug, Device and Cosmetic Act.....

That's where your marijuana laws would be....Here it is: The Controlled Substance, Drug, Device and Cosmetic Act
They spell it marihuana in this doc.