How can I be charged with a felony when I was only growing marijuana plants for personal use?

Is Growing Marijuana a Felony in Pennsylvania?

Under Pennsylvania law, drug possession charges are classified based on the intent behind the possession. If a person is found in possession of a controlled substance for personal use, the offense is typically graded as a misdemeanor. However, if the prosecution believes the person intended to deliver or distribute the drug, the charge becomes a felony offense—referred to as Possession With Intent to Deliver (PWID).

But what about growing marijuana? Does intent matter if the person was cultivating marijuana for personal use only?

Growing Marijuana Is Always a Felony in Pennsylvania

When it comes to manufacturing drugs, intent is irrelevant. Cultivating marijuana—regardless of the quantity or intended use—is considered a felony offense under Pennsylvania law.

That means:

This is a critical distinction from simple possession charges, where personal use vs. intent to deliver determines the severity of the offense.

Quantity of Plants Affects Sentencing – Not the Charge

While the number of marijuana plants grown can influence the severity of the sentence imposed by the judge, it does not change the grading of the offense. Whether you’re caught growing one plant or one hundred, the charge remains a felony.

Judges may impose harsher penalties for larger grow operations, but even small-scale personal grows are treated as serious criminal offenses in Pennsylvania courts.

Facing a Drug Cultivation Charge? Contact an Experienced Marijuana Defense Lawyer

If you have been charged with manufacturing a controlled substance or growing marijuana in Pennsylvania, it’s important to speak with an experienced criminal defense attorney immediately. Felony drug convictions carry severe consequences, including substantial prison time, heavy fines, and long-term collateral effects such as the loss of gun rights and difficulty obtaining employment or housing.

Since 2004, State College criminal defense attorney Jason S. Dunkle has helped clients throughout Pennsylvania fight marijuana cultivation and drug manufacturing charges. He understands how to challenge search warrants, police procedures, and prosecutorial overreach to protect your rights and your future.

For a free case review, contact JD Law by email or leave a message at (814) 689-9139. Email is the preferred method of communication, as phone calls are directed to voicemail due to the high volume of spam and unsolicited calls.