Legal troubles await those who bring marijuana into PA
About a 25-minute drive from the Pavilion at Star Lake in Burgettstown, two recreational marijuana dispensaries were among nearly 100 that opened Tuesday in Ohio.
But Pennsylvanians who cross state lines to pick up some pot could find themselves in legal hot water.
“Just because other states have legalized recreational marijuana doesn’t make it legal in Pennsylvania,” warned Washington County District Attorney Jason Walsh.
Ohio joined four other states bordering Pennsylvania (Delaware, Maryland, New Jersey and New York) that allow the sale of recreational marijuana to adults. When sales started Tuesday, 98 dispensaries – including Sunnyside and Ohio Valley Natural Relief – opened. The two Wintersville dispensaries are dual-use, meaning they offer both medicinal and recreational marijuana.
At Sunnyside, customers lined up nearly three hours before the business opened.
Among those in line were residents of Pennsylvania, West Virginia and New York. Pennsylvania and West Virginia have medical programs, though recreational marijuana remains illegal. It is also federally illegal to carry cannabis across state lines.
Individuals in line, who declined to be identified, commented on how recreational sales in Ohio have been long-anticipated, and some noted that adult-use is bound to come next in Pennsylvania and West Virginia, based on Ohio’s precedent.
In a February budget address, Pennsylvania Gov. Josh Shapiro called on lawmakers to “catch up” with neighboring states.
“We’re losing out to an industry that, once fully implemented, would bring in more than $250 million in annual revenue,” Shapiro said at the time. “Our failure to legalize and regulate this only fuels the black market and drains much-needed resources for law enforcement.”
Several lawmakers in the state have tried to pass measures to legalize recreational marijuana, but those bills have gone nowhere. A 2023 bill proposed imposing an 8% sales tax to consumers and 5% excise tax on dispensaries. It remains in committee.
Those who possess marijuana that is not medically prescribed in Pennsylvania can face serious criminal charges depending upon the amount. Those who have 30 grams (a little over 1 ounce) or less would face a misdemeanor punishable by up to 30 days in jail and a $500 fine.
“If you have a pound of marijuana on you, it’s going to be hard for someone to say, ‘Oh that’s for me,'” said Tom Kolencik, the public information officer for Uniontown police. “It’s obvious that you’re selling it and then that turns into possession with intent to deliver, which is a felony.”
Medical users can also find themselves in a tricky situation if they incorrectly transport the drug.
“The problem we run into with medical marijuana is that people are putting it in baggies or something like that,” Kolencik said. “You need to keep (it in) the bottle that it’s prescribed to you with your name on it and has the prescription number.”
On Tuesday, those in line at Sunnyside brought up another oft-asked question: How will marijuana sales affect the rate of those charged with driving under the influence?
Because marijuana remains illegal on the federal level, unlike alcohol, there is no legal limit for the drug in a person’s system.
Walsh noted that many of the criminal offenses related to medical marijuana come from those who drive, even if they are not high when they are behind the wheel.
“It’s still illegal in the state of Pennsylvania to drive a vehicle with marijuana in your system,” Walsh said. “People don’t realize that they can still get a DUI, or if they’re in an accident, they will still be charged with an appropriate crime.”
Reporting in Ohio was done by Christopher Dacanay of the Herald-Star in Steubenville.