Is Weed Legal in Pennsylvania? (2026)

Instrument

Lawful medical use and patient protections; small-amount possession penalty

Source

https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=PDF&SessYr=2016&ActNum=0016.&SessInd=0

Retrieved

2026-11-07

Fingerprint

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Act 16 of 2016 (Medical Marijuana Act), 35 P.S. 10231.303
Section 303. Lawful use of medical marijuana.
   (a) General rule.--Notwithstanding any provision of law to
the contrary, use or possession of medical marijuana as set
forth in this act is lawful within this Commonwealth.
   (b) Requirements.--The lawful use of medical marijuana is
subject to the following:
       (1) Medical marijuana may only be dispensed to:
           (i) a patient who receives a certification from a
       practitioner and is in possession of a valid
       identification card issued by the department; and
           (ii) a caregiver who is in possession of a valid
       identification card issued by the department.
       (2) Subject to regulations promulgated under this act,
   medical marijuana may only be dispensed to a patient or
   caregiver in the following forms:
           (i) pill;
           (ii) oil;
           (iii) topical forms, including gels, creams or
       ointments;
           (iv) a form medically appropriate for administration
       by vaporization or nebulization, excluding dry leaf or
       plant form until dry leaf or plant forms become
       acceptable under regulations adopted under section 1202;
           (v) tincture; or
           (vi) liquid.
       (3) Unless otherwise provided in regulations adopted
   by the department under section 1202, medical marijuana may
   not be dispensed to a patient or a caregiver in dry leaf or
   plant form.
       (4) ((4) deleted by amendment June 30, 2021, P.L.210,
   No.44).
       (5) A patient may designate up to two caregivers at any
   one time.
       (6) Medical marijuana that has not been used by the
   patient shall be kept in the original package in which it
   was dispensed.
       (7) A patient or caregiver shall possess an
   identification card whenever the patient or caregiver is in
   possession of medical marijuana.
       (8) Products packaged by a grower/processor or sold by
   a dispensary shall only be identified by the name of the
   grower/processor, the name of the dispensary, the form and
   species of medical marijuana, the percentage of
   tetrahydrocannabinol and cannabinol contained in the product
   and any other labeling required by the department.

Act 16 of 2016, 35 P.S. 10231.304
Section 304. Unlawful use of medical marijuana.
   (a) General rule.--Except as provided in section 303,
section 704, Chapter 19 or Chapter 20, the use of medical
marijuana is unlawful and shall, in addition to any other
penalty provided by law, be deemed a violation of the act of
April 14, 1972 (P.L.233, No.64), known as The Controlled
Substance, Drug, Device and Cosmetic Act.
   (b) Unlawful use described.--It is unlawful to:
       (1) Smoke medical marijuana.
       (2) Except as provided under subsection (c), incorporate
   medical marijuana into edible form.
       (3) Grow medical marijuana unless the grower/processor
   has received a permit from the department under this act.
       (4) Grow or dispense medical marijuana unless authorized
   as a health care medical marijuana organization under Chapter
   19.
       (5) Dispense medical marijuana unless the dispensary
   has received a permit from the department under this act.
   (c) Edible medical marijuana.--Nothing in this act shall
be construed to preclude the incorporation of medical marijuana
into edible form by a patient or a caregiver in order to aid
ingestion of the medical marijuana by the patient.

Act 16 of 2016, 35 P.S. 10231.2103
Section 2103. Protections for patients and caregivers.
   (a) Licensure.--None of the following shall be subject to
arrest, prosecution or penalty in any manner, or denied any
right or privilege, including civil penalty or disciplinary
action by a Commonwealth licensing board or commission, solely
for lawful use of medical marijuana or manufacture or sale or
dispensing of medical marijuana, or for any other action taken
in accordance with this act:
       (1) A patient.
       (2) A caregiver.
       (3) A practitioner.
       (4) A medical marijuana organization.
       (5) A health care medical marijuana organization or
   university participating in a research study under Chapter
   19.
       (6) A clinical registrant or academic clinical research
   center under Chapter 20.
       (7) An employee, principal or financial backer of a
   medical marijuana organization.
       (8) An employee of a health care medical marijuana
   organization or an employee of a university participating
   in a research study under Chapter 19.
       (9) An employee of a clinical registrant or an employee
   of an academic clinical research center under Chapter 20.
       (10) A pharmacist, physician assistant or certified
   registered nurse practitioner under section 801(b).
   (b) Employment.--
       (1) No employer may discharge, threaten, refuse to hire
   or otherwise discriminate or retaliate against an employee
   regarding an employee's compensation, terms, conditions,
   location or privileges solely on the basis of such employee's
   status as an individual who is certified to use medical
   marijuana.
       (2) Nothing in this act shall require an employer to
   make any accommodation of the use of medical marijuana on
   the property or premises of any place of employment. This
   act shall in no way limit an employer’s ability to discipline
   an employee for being under the influence of medical
   marijuana in the workplace or for working while under the
   influence of medical marijuana when the employee's conduct
   falls below the standard of care normally accepted for that
   position.
       (3) Nothing in this act shall require an employer to
   commit any act that would put the employer or any person
   acting on its behalf in violation of Federal law.
   (c) Custody determination.--The fact that an individual is
certified to use medical marijuana and acting in accordance
with this act shall not by itself be considered by a court in
a custody proceeding. In determining the best interest of a
child with respect to custody, the provisions of 23 Pa.C.S. Ch.
53 (relating to child custody) shall apply.

Act 64 of 1972 (The Controlled Substance, Drug, Device and Cosmetic Act), Section 13(a)(31), 35 P.S. 780-113(a)(31)
(31) Notwithstanding other subsections of this section, (i)
the possession of a small amount of marihuana only for personal
use; (ii) the possession of a small amount of marihuana with
the intent to distribute it but not to sell it; or (iii) the
distribution of a small amount of marihuana but not for sale.
   For purposes of this subsection, thirty (30) grams of
marihuana or eight (8) grams of hashish shall be considered a
small amount of marihuana.

Act 64 of 1972, Section 13(g), 35 P.S. 780-113(g)
(g) Any person who violates clause (31) of subsection (a)
is guilty of a misdemeanor and upon conviction thereof shall
be sentenced to imprisonment not exceeding thirty days, or to
pay a fine not exceeding five hundred dollars ($500), or both.