Pennsylvania
Pennsylvania state laws, regulations, court decisions, and active legislation
Overview
Pennsylvania's legal system is one of the oldest in the nation, with legal traditions dating to William Penn's founding. The state occupies a unique position in American law, with Philadelphia serving as the birthplace of the Constitution and a major center for legal education. Pennsylvania's legal landscape includes strict DUI laws with a three-tier system, a medical marijuana program, and a school funding system recently ruled unconstitutional.
The state's legal framework reflects a moderate orientation, with concealed carry licenses required for handguns but no assault weapons ban, a medical marijuana program without recreational legalization, and tenant protections that vary significantly between Philadelphia and the rest of the state. Pennsylvania's Clean Slate law for automatic record sealing has been a national model.
Court Structure
Pennsylvania's court system includes magisterial district courts, the Municipal Court of Philadelphia, Courts of Common Pleas (general jurisdiction trial courts in 60 judicial districts), the Superior Court (intermediate appellate court for most appeals), the Commonwealth Court (handling cases involving the state government), and the Supreme Court of Pennsylvania. All appellate and Supreme Court judges are elected in partisan elections for 10-year terms.
Unique Laws & Facts
- •Pennsylvania uses a three-tier DUI system based on BAC level (general, high, highest)
- •The state's Clean Slate law automatically seals certain criminal records — a national model
- •Pennsylvania's school funding system was ruled unconstitutional in 2023
- •The state has a unique Commonwealth Court for cases involving state government
- •Pennsylvania is a 'judicial hellhole' frequent target for tort reform advocates
Legal Landscape
Pennsylvania's legal landscape combines its historic role in American constitutionalism with modern challenges in school funding equity, criminal justice reform, and environmental regulation. The state's diverse geography and population create significant legal variation between urban Philadelphia and Pittsburgh and rural areas.
Key Pennsylvania Laws (5)
Driving Under the Influence (DUI) – Tiered System
Pennsylvania uses a tiered DUI system: General (0.08%+), High (0.10%+), and Highest (0.16%+) with escalating penalties. Third offense at any level is a first-degree misdemeanor with 1-5 years. ARD diversion available for first offenders. 10-year lookback applies.
Firearms – License to Carry and Regulations
Pennsylvania requires a license for concealed carry, issued by the county sheriff within 45 days. Open carry is legal without a license except in Philadelphia. There is no assault weapons ban or magazine limit. All handgun sales require background checks, including private transfers.
Landlord and Tenant Act – Security Deposits
Pennsylvania limits security deposits to two months' rent in the first year and one month's rent thereafter. Deposits must be returned within 30 days with an itemized damage list. Willful failure to return a deposit results in double liability. Interest accrues after 25 months.
Medical Marijuana Act (Act 16)
Pennsylvania's medical marijuana program allows patients with qualifying conditions to purchase up to a 90-day supply from licensed dispensaries. Smokable flower is permitted. Home cultivation is prohibited. Patients have some employment protections but recreational marijuana remains illegal.
Unfair Trade Practices and Consumer Protection Law
Pennsylvania's consumer protection law bans deceptive trade practices. AG can impose $1,000 per violation ($3,000 against seniors). Consumers can recover actual damages or $100 minimum, treble damages for intentional violations. Private plaintiffs must prove justifiable reliance.
Pending Legislation (1)
Minimum Wage Increase Act
Raises Pennsylvania minimum wage from $7.25 to $15 per hour over three years.