How much weed can you legally possess in Pennsylvania, New Jersey, Delaware?

If you have marijuana in your possession, you could either be arrested, fined or entirely left alone, depending on where you are in the tri-state area.

Pennsylvania has the most strict marijuana laws, whereas New Jersey fully legalized marijuana, and Delaware may be on the cusp of doing so in 2023. Many people in the Philly region have access to legal marijuana through New Jersey or by getting a marijuana prescription from an approved doctor. But there are also those still buying weed from unapproved sellers on the underground market.

Curious about the kind of trouble you can land in for marijuana? Here are the laws on marijuana possession in Pennsylvania, New Jersey and Delaware.

None. Nil. Zilch. You can’t legally possess marijuana in Pennsylvania as it’s still considered illegal under state law. According to the state police’s director of communications, Lt. Adam Reed, “Marijuana is a Schedule I Controlled Substance in the Commonwealth of Pennsylvania. As Pennsylvania’s law currently stands, a person can be charged by any law enforcement agency in Pennsylvania for illegal possession of marijuana.”

It doesn’t matter how much marijuana you have on you. Police can arrest you for even less than 1 gram of weed if they find it in your possession. Out of the PA tri-state area, Pennsylvania is the only state yet to decriminalize or legalize marijuana statewide.

Medical marijuana patients can legally possess a “90-day supply” of their medicine, but the law doesn’t explicitly state what that means. Pro tip: As a medical patient, only buy cannabis products from your approved dispensary. They will only allow you to buy a certain amount and keep those products in their original packaging.

How much marijuana can you possess legally in Philadelphia and Pittsburgh?

While marijuana isn’t legal in these Pennsylvania cities, local laws have reduced the penalties for marijuana-related offenses to a civil violation that doesn’t appear on your criminal or driving record. This means police won’t arrest you for possessing, buying or consuming small amounts of marijuana.

According to laws in both cities, a small amount is considered up to 30 grams of marijuana or 8 grams of hashish/oil in Philadelphia and Pittsburgh.

The reduced penalties only apply to possessing, buying and consuming — though, if you’re caught selling weed, you will be arrested. Same deal if you have more than 30 grams of marijuana or 8 grams of hashish/oil, you can get arrested. If you’re caught with a small amount of weed, you receive a $25 fine. If you’re caught smoking weed, it’s $100. Here’s what you need to know about Philly’s marijuana laws.

Six ounces. In 2022, New Jersey Gov. Phil Murphy signed bills into law that did three things:

  1. Legalize adult-use marijuana.

  2. Decriminalize possession of weed (up to six ounces).

  3. Delete low-level marijuana criminal records.

Since then, police won’t arrest someone with six ounces of marijuana or less. It doesn’t matter if the weed was bought at a legal dispensary or from someone in a parking lot. Here’s what you need to know about New Jersey’s marijuana laws.

The six-ounce rule still applies to medical marijuana patients. However, medical patients can only buy three ounces of marijuana per month unless terminally ill (then maximums don’t apply).

One ounce. Since 2015, state law has reduced the penalties for possessing one ounce of marijuana or less to a civil violation that doesn’t show up on your criminal or driving record. If you’re caught with a small amount of marijuana, expect a $100 fine.

For context: Weed is technically still illegal in Delaware, however, the state legislature passed a bill last year to legalize marijuana but was vetoed by Gov. John Carney. This year in March, the state legislature passed the bill again and is currently awaiting a signature or veto from the governor.

Six ounces. According to state law, Delaware medical marijuana patients can buy three ounces of marijuana every 14 days, for a total of six ounces per month.

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