COMMITMENT TO PLACEMENT ON MARIJUANA POSSESSION CASES, 311 PA. SUPER. 165 (1982)

In this case, the Court held that the 42 Pa.C.S. § 6353 limits initial commitments to juvenile facilities to the statutory maximum that the juvenile could receive if charged as an adult, or four years, whichever is less. Thus, initial commitments of more than 30 days on possession of marijuana cases charged under 35 P.S. § 780-113(a)(31) are illegal. 42 Pa.C.S. § 6353 also provides for the initial commit to be "extended for a similar period of time if the court finds that the extension will effectuate the original purpose for with the order was entered." The JDAP position is that the Juvenile Act and Firster allow only one 30 day extension of placement on §1331. Juvenile defense attorneys should contact JDAP for more information on challenging placement for longer than 30 days on these cases.