PKN Law - Pittsburgh Criminal Defense Attorneys

06/18/2026

Skill games have been common in Pennsylvania gas stations, convenience stores, bars, and beer distributors. A recent Pennsylvania Supreme Court ruling now classifies these machines as gambling devices under state law.

06/18/2026

This is a significant victory for cannabis consumers' Second Amendment rights. In a unanimous 9-0 decision, the Supreme Court held that a regular cannabis consumer cannot be prosecuted for violating 18 U.S.C. §922(g)(3) which prohibits "an unlawful user of a controlled substance" from possessing a firearm absent actual evidence of intoxication at the time of possession.

Mr. Hemani was found to be in possession of a firearm and cannabis. He admitted using cannabis "every other day". There was no evidence he was "high" at the time he possessed the firearm.

The Department of Justice argued that prosecuting Hemani was consisted with Colonial America's history and tradition of disarming drunkards.

Writing for the Court, Justice Gorsuch said:

"“To square that expansive theory with the Second Amendment, the government invites us to draw an analogy between its present regulation and historical laws addressing habitual drunkards,” Gorsuch wrote.

Those laws, the government contends, demonstrate a tradition of firearm regulation consistent with its effort to disarm any regular user of any controlled substance without any further showing,” he continued. “But the government’s analogy fails under every measure it asks us to consider.”

A slight chuckle rippled through the courtroom when Gorsuch noted that, if habitual drunkard laws applied to those who drank regularly, two of America’s founders “could have faced trouble.” John Adams was known to drink “a tankard of hard cider” with his breakfast, and some accounts say James Madison “consumed a pint of whiskey daily.”

This is especially welcome here in the Third Circuit where United States v. Harris awaited the Hemani decision. Judge Bibas' opinion found Colonial era laws dispossessing drunks and the mentally insane as an adequate analogy for disarming cannabis consumers. Harris was remanded to develop a record on the mechanics of cannabis impairment, including determining the "half life" of the drug - whatever that means. That Judge Bibas was so nonchalant about analogizing PA's 450,000 MMJ patients with drunkands and the insane was truly frightening.
Between rescheduling for MMJ patients and Hemani cannabis consumers are ever closer to enjoying all of their Constitutional rights.

The Supreme Court unanimously ruled Thursday the government can’t criminally prosecute a man for possessing a firearm simply because he regularly smoked ma*****na, rejecting the government’s compar…

06/17/2026

Cannabis legalization in Pennsylvania raises an important DUI question that has not been fully answered. If adult use becomes legal, will cannabis consumers still face zero tolerance DUI charges based on THC in their system, even without proof of impairment?

06/12/2026

Cannabis may be legal in many places, but Pennsylvania law is different. Possession without a valid medical ma*****na card can still result in criminal charges, even when someone believes they are carrying a legal h**p or cannabidiol product.

06/12/2026

A colleague recently asked why I share so much legal information and so many free resources on my website. My answer is simple. People facing criminal charges, and the families trying to support them, deserve access to information that helps them understand what is happening and what steps may be available. Resources like inmate location tools, correctional facility contact information, and release or transfer information can make a difficult moment feel less overwhelming.

06/09/2026

Pennsylvania medical ma*****na patients are often surprised by how strict the law can be. Even if you legally purchased cannabis from a dispensary, removing it from its original packaging can create serious legal problems if you are stopped by police.

The safest practice is to keep flower, concentrates, and cartridges in the original dispensary packaging whenever they are not being used. For questions about a medical ma*****na related charge, contact PKN Law to schedule a consultation at (412) 454-5582 or patricknightingale.com.

06/05/2026

Pennsylvania medical cannabis patients can still face criminal charges if they smoke cannabis. A valid card does not permit smoking, and items like cones, bowls, or bongs may lead to paraphernalia charges.

06/05/2026

Pennsylvania medical ma*****na patients can still face criminal charges if they bring cannabis products back from another state. Even when another state allows the purchase, Pennsylvania law may not protect that possession once the product crosses back into the Commonwealth.

06/03/2026

There has been a lot of confusion about ma*****na rescheduling. The broader federal rescheduling of ma*****na is still pending, with a Drug Enforcement Administration hearing scheduled to begin on June 29, 2026. Rescheduling is not the same as legalization, and cannabis is not simply legal across the board.

05/30/2026

Federal rescheduling of cannabis for state MMJ patients is significant, but it is NOT legalization or decriminalization. Pennsylvanians are still at risk of being charged with a crime for cannabis possession.

We take a look at this issue here:

Learn how ma*****na possession charges still affect thousands across the Commonwealth and why statewide reform remains urgent.