Legal Question in Criminal Law in Pennsylvania

I know this is stupid, but my son's "girlfriend" stated that in PA it is not illegal to "use" marijuana; just to "possess" it. I'm trying to figure out how you can use it without possessing it???? Also, if nobody catches you using it,but you are "busted" for being high - what is the penalty in PA (same as possession of under 30 grams?


Asked on 9/22/10, 1:06 pm

2 Answers from Attorneys
Cary Hall Law Offices of Cary B. Hall, L.L.C.

If a drug is in your body, you "possess" it for all intents and purposes under Pennsylvania law. She's busted. If she doesn't believe me, suggest that she toke up and then go hang out at the police station. If she's correct, no problem, right? That's what I thought. ;-)

Drug possession either within or outside of your body carries the same minimum penalties. Hope this helps.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

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Answered on 9/27/10, 1:44 pm
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

A drug is not "possessed" under PA law inside your body. Of course, you can be DUI with marijuana in your body, but that's a different question. However, to be arrested for "possession" you must "possess" it physically, not in your blood.

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Answered on 9/27/10, 1:52 pm


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