Penn State Student Legal Services: Marijuana Overview State College area police follow Pennsylvania Law Students are often surprised by how seriously marijuana is taken in State College. Some students come from states where marijuana has been legalized or decriminalized. Even within Pennsylvania there are areas where the police tend to charge marijuana violations more leniently, or where cities have adopted ordinances providing a lower option for charging. None of that is happening in State College. Here, marijuana offenses are charged as misdemeanors pursuant to Pennsylvania law. In Pennsylvania, marijuana is defined as a Schedule 1 controlled substance, and marijuana is not approved for medical use. Each Case is Different This overview only provides general information. If you are charged with a crime, there is no substitute for seeing a lawyer and getting legal advice tailored to the specific facts in your case. Student Legal Services provides free, confidential advice, counsel or representation to Penn State University Park students. To make an appointment, fill out on intake form. The public defender’s office is also a free service, but you can’t meet with an attorney until the charges are actually filed. They also only accept indigent clients, but, students often qualify for their services because they look only at the student’s income, not their parents’. There are also private criminal defense attorneys in Centre County. Private attorneys will often provide free initial consultations. Our offices can provide students with a referral list for private attorneys on request. Permanent Record For students who are in school working towards a future career, keeping a clean criminal record is often their biggest concern. Currently, a misdemeanor conviction in Pennsylvania creates, in effect, a permanent criminal record. Expungement of a misdemeanor is not available until an individual is 70 years or age and free of conviction for 10 years, dead for three years, or if the governor grants a pardon. Penalties Small amount and paraphernalia charges have different maximum fines, incarceration, and license suspensions. Charge Definition Small Amount 35 P.S. § 780of Marijuana 113(a)(31) for Personal Use Level Ungraded misdemeanor Maximum Fine $500 first offense Maximum Incarceration 30 days License Suspension 1st offense – 6 months 2nd offense – 1 year 3rd offense+ 2 years Possession of Drug Paraphernalia 35 P.S. § 780Ungraded 102 “Drug misdemeanor Paraphernalia”; 35 P.S. § 780113(a)(32) $2,500 1 year No license suspension Small amount and paraphernalia charges are often filed together. The definition for drug paraphernalia is very broad. It isn’t just the obvious sorts of things (like a bong, pipe or grinder), but also includes anything used to package or hold the marijuana (like a baggie, envelope or mason jar). Other charges, including anything related to growing or selling marijuana, are much more serious. Penalties can be higher in some instances where marijuana or paraphernalia are distributed to a minor. Collateral Consequences Collateral consequences are those consequences in addition to the sentence of fines and jail time or probation that may be imposed. The American Bar Association maintains a survey of collateral consequences to various crimes. The possession of small amount charge, for example, will result in a driver’s license suspension of 6 months for the first offense. The paraphernalia charge does not include a driver’s license suspension. Collateral consequences can also involve things like an individual’s employment, professional licensure, property, and civic rights. Students can also be evicted from their housing or apartment, or lose their eligibility for federally subsidized student aid for a drug conviction. Penn State Code of Conduct When a student receives drug-related charges in Centre County, the Penn State Office of Student Conduct will also be notified. The consequences related to any Code of Conduct violation are separate from, and in addition to, any legal consequences the student may face. More information about the student conduct process and student conduct advisors is available on their website. ARD Alternative Rehabilitative Disposition is a pre-court diversionary program that may be available for a first offense. Whether or not someone will qualify for the program is within the discretion of the District Attorney. A person who is charged with possession of marijuana or paraphernalia can apply for the ARD program. The program is intended only for first-time, non-violent offenders. The huge advantage of ARD is that if it is successfully completed, the charges can be dismissed and expunged, leaving the individual with a clean record. But ARD is not cheap or quick. In Centre County, the ARD program for small amount and/or paraphernalia charges typically involves one year of probation, where the individual cannot leave Pennsylvania without permission, one day of community service, a drug and alcohol evaluation and any counseling recommended, and the costs and fees associated with the placement (currently around $1,300 to $1,500). During the year of ARD, the charges will be seen by employers or other educational institutions during a criminal background check. During the year of probation, if the individual is charged with another crime, he or she can be terminated from the ARD program, and faces the charges afresh, without the ability to return to the ARD program. International Students Convictions for drug offenses can materially impact international students. A drug conviction, for example, can result in automatic deportation, or may preclude a student from transitioning to a different type of visa after graduation. Even when an international student is placed on ARD, re-entering the country during the one-year placement can be difficult. The US Border guards have significant discretion in determining whether an individual can enter the country, and, do not always allow re-entry while a student is placed on ARD for a drug offense. Prepared by: Penn State Student Legal Services 222 Boucke Building University Park, PA 16802 (813) 867-4388 PennStateSLS@psu.edu Reviewed: November 17, 2015 Penn State is an equal opportunity, affirmative action employer, and is committed to providing employment opportunities to minorities, women, veterans, individuals with disabilities, and other protected groups. Nondiscrimination: http://guru.psu.edu/policies/AD85.html U. Ed. STA 15-101