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
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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