Beating Philadelphia Marijuana Possession Charges

Beating Marijuana Possession Charges in Philadelphia

Getting caught with marijuana can be scary, but don’t panic. There are defenses and options to fight the charges, even in a city like Philadelphia with strict drug laws. This article breaks down the current laws, typical penalties, and practical tips to improve your chances of beating a marijuana possession charge.

The Laws in Philadelphia

Philadelphia has decriminalized marijuana possession to some degree, but it’s still illegal under The Code. Getting caught with 30 grams or less is a summary offense with fines up to $25. Anything over 30 grams jumps to misdemeanor charges. And don’t forget about paraphernalia laws banning things like bongs, pipes, and rolling papers.

What’s frustrating is that elsewhere in PA you might just get a small fine for minor possession. But Philly takes it more seriously thanks to local ordinances. They even passed controversial nuisance property laws to punish landlords and tenants for drug crimes in rental units. It’s part of the city’s long history of tough enforcement despite more lax statewide attitudes.

Penalties and Consequences

If convicted of marijuana possession under 30 grams, you’ll face fines up to $25 plus mandatory minimum court costs around $200. It also goes on your criminal record as a summary offense drug conviction.

Over 30 grams bumps it up to a misdemeanor charge with larger fines up to $500 and possible jail time under 90 days. Other consequences include probation or drug counseling programs. And any drug conviction hurts job, school, and housing prospects down the line.

Defenses to Fight the Charges

Here are practical defenses to contest marijuana charges in Philadelphia:

Illegal Search and Seizure

This is one of the best defenses when police lack probable cause or a warrant to search your property. The exclusionary rule bans improperly obtained evidence in court. So if the search violates your 4th Amendment rights, the judge may suppress any marijuana or paraphernalia found.

No Proof You Possessed the Marijuana

For any drug charge, prosecutors must prove you knowingly possessed the substance. So question if police actually saw you holding weed or paraphernalia. Maybe a friend left it your car or home without your knowledge? Reasonable doubt over possession could beat the charge.

No Lab Testing on the Substance

Oddly enough, Pennsylvania doesn’t require lab testing to verify alleged marijuana. Question the identification methods used by officers. Demand confirmation it’s actually cannabis rather than tobacco, CBD, or another legal substance.

Medical Marijuana Defense

PA has medical marijuana, but not full recreational legalization yet. If you have a valid medical card and stick within limits, you may have an affirmative defense against possession charges. It’s not an absolute shield, but it helps demonstrate your use is lawful.

Finding a Lawyer to Fight the Charges

Trying to beat marijuana charges without an attorney is extremely difficult. Police and prosecutors stack the deck against defendants. An experienced criminal lawyer knows the full playbook to attack charges and protect your rights in court.

Focus your search on lawyers familiar with Philadelphia courts and judges. Understand if they regularly handle drug cases and marijuana defense. Ask about their track record getting charges reduced or dismissed. Most offer free case evaluations to discuss options based on the specifics of your arrest.

Final Thoughts

Marijuana laws lag public attitudes in Pennsylvania, especially in Philadelphia’s urban jurisdiction. But smart defense lawyers leverage every angle – like shaky probable cause and lack of lab testing – to beat these outdated possession charges. Don’t take a plea deal or pay fines until exploring ways to suppress evidence and create reasonable doubt over the allegations. You have more options than you think.