Marijuana Decriminalization in Pittsburgh
Marijuana is decriminalized in Pittsburgh, but it is not fully legal. While simple possession now carries reduced penalties, you can still face charges for possession in certain circumstances or for driving under the influence (DUI).
Our award-winning Pittsburgh marijuana lawyers at Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC can help protect your rights and provide guidance if you are charged. Call us 24/7 at (412) 281-2146 for a free consultation.
What Does Marijuana Decriminalization Mean in Pittsburgh?
Since 2016, marijuana has been decriminalized in Pittsburgh. Decriminalization is different from legalization—marijuana remains technically illegal, but penalties for possession are now similar to traffic violations rather than criminal offenses.
While Pennsylvania has yet to fully legalize recreational or medical marijuana statewide, Pittsburgh’s law represents a practical approach to cannabis regulation, reducing unnecessary criminal penalties for low-level offenders.
Pittsburgh City Council Votes to Decriminalize Marijuana
In December 2015, Pittsburgh City Council voted 7-2 in favor of a measure sponsored by Councilman Daniel Lavelle. Key provisions include:
- Possession of up to 30 grams of marijuana or 8 grams of hashish is decriminalized.
- Penalties for simple possession: $25 minimum, up to $100 if caught using marijuana publicly.
- Minors no longer face criminal charges; their parents are notified and responsible for paying the fine.
Mayor Bill Peduto praised the law as a “common-sense change” designed to protect young people’s futures while maintaining public safety.
Why Decriminalization Makes Sense
According a report published by the American Civil Liberties Union (ACLU) in 2013, African-American residents of Allegheny County are almost six times more likely to be arrested for marijuana possession than their white counterparts. The rate of marijuana use, however, is similar between the two groups.
Since marijuana possession is no longer a criminal offense warranting arrest, it is likely that fewer of Pittsburgh’s African Americans will face the disproportionate effects of the war on drugs. Previously, the possession of marijuana in the city could result in a misdemeanor charge involving 30 days in jail, up to $500 in fines, and a permanent criminal history entry that could negatively affect the convict’s future employment prospects.
The decriminalization bill is not only more just, it is also more practical. Now, Pittsburgh courts, prosecutors, and law enforcement will no longer waste time and resources handling low-level drug offender cases. And the city coffers will see an estimated influx of $1,000,000 per year from the collection of additional fines.
Legal Limits of Pittsburgh’s Marijuana Decriminalization
Some critics argue that Pittsburgh may have overstepped its authority, since marijuana is illegal under state and federal law. Councilwomen Darlene Harris and Theresa Kail-Smith voted against the ordinance, citing state law preemption.
However, Duquesne University law professor Bruce Ledewitz clarified that the ordinance does not conflict with state law. Police retain the discretion to either:
- Issue a citation under the city ordinance, or
- Make an arrest under state law
Pennsylvania law allows municipalities to set parallel penalties for crimes, provided they do not undermine state law.
Limits of Decriminalization
- Decriminalization applies only within Pittsburgh city limits.
- Outside the city, possession remains a criminal offense under Pennsylvania law.
If you are charged with marijuana possession anywhere in Allegheny County, you should speak with an experienced Pittsburgh marijuana lawyer immediately.
How Worgul, Sarna & Ness Can Help
If you are charged with marijuana possession or related offenses, our Pittsburgh marijuana defense attorneys can:
- Explain the law and your legal options
- Assess whether the city ordinance or state law applies
- Represent you in court or negotiate reduced penalties
- Help minimize long-term consequences on your criminal record, employment, or educational opportunities
The Pittsburgh drug defense lawyers with Worgul, Sarna & Ness, Criminal Defense Attorneys, LLC are available today to give you a free and confidential consultation of your case today at (412) 281-2146.