Pennsylvania’s Title 35 is the Commonwealth’s consolidated statute on health and safety, and it pulls together a wide range of laws that touch everyday life: emergency management and the Governor’s disaster powers, the Controlled Substance, Drug, Device and Cosmetic Act, the Medical Marijuana Act, rules for volunteer fire and emergency services, and the system for issuing birth and death certificates. Most residents will never read the statute itself, but several of its provisions carry real consequences, and the sections below cover the ones most likely to matter to you.
Emergency Powers and Local Response
Part V of Title 35 creates the Pennsylvania Emergency Management Agency and defines when the state can intervene. A “disaster” is any man-made, natural, or war-caused event serious enough to warrant state action.1Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 35 – Health and Safety A “disaster emergency” is declared when the threat to residents is severe enough that local resources alone cannot handle it.
What the Governor Can Do
Under Section 7301, the Governor can issue executive orders and proclamations that carry the full force of law, suspend regulatory requirements that would slow the response, redirect state personnel and resources, and transfer agency functions.2Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 35 – 7301 General Authority of Governor A declaration cannot last longer than 90 days unless the Governor renews it, and the General Assembly can terminate one at any time by concurrent resolution. Each proclamation has to describe the disaster, the affected areas, and the conditions behind the declaration.
What Local Governments Must Have Ready
Section 7503 requires every political subdivision to maintain its own emergency management plan aligned with the statewide plan, staff an emergency operations center with communication equipment, run training programs, and take steps to reduce the impact of anticipated disasters.3Pennsylvania General Assembly. Pennsylvania Consolidated Statutes Title 35 – 7503 Powers and Duties of Political Subdivisions Local agencies must participate in drills scheduled by PEMA or the federal government, and they must keep copies of emergency orders and plans available for public inspection at the operations center. If local capacity runs out, the state steps in.
Drug Laws Under the Controlled Substance Act
The Controlled Substance, Drug, Device and Cosmetic Act, beginning at Section 780-101, is the part of Title 35 that reaches the most residents through the criminal courts.4Pennsylvania General Assembly. Pennsylvania Statutes Title 35 – Controlled Substance, Drug, Device and Cosmetic Act The Act sorts drugs into five schedules based on abuse potential and medical use. Schedule I is the most restrictive, reserved for substances with high abuse potential, no accepted medical use, and no accepted safety profile even under medical supervision.5Pennsylvania Code. Pennsylvania Code Title 28 – 25.72 Schedule I Controlled Substance Schedule V covers substances with low abuse potential and accepted medical use, such as certain cough preparations with small amounts of codeine.
Penalties Scale With What You Did
Section 780-113 lists the prohibited conduct: selling or delivering controlled substances without authorization, forging prescriptions, misbranding drugs or cosmetics, and possessing controlled substances without a valid prescription, among others. Penalties scale sharply with the schedule involved and the nature of the offense.
Delivering a Schedule I or II narcotic is a felony punishable by up to 15 years in prison and a fine as high as $250,000, or an amount large enough to exhaust the profits from the illegal activity, whichever is greater. Possessing a small amount of marijuana for personal use (30 grams or less, or 8 grams of hashish) is a misdemeanor carrying a maximum of 30 days in jail and a $500 fine.4Pennsylvania General Assembly. Pennsylvania Statutes Title 35 – Controlled Substance, Drug, Device and Cosmetic Act
Possessing, selling, or delivering drug paraphernalia is a misdemeanor with a maximum penalty of one year in jail and a $2,500 fine. Delivering paraphernalia to a minor who is three or more years younger than the seller is a second-degree misdemeanor, doubling the exposure to two years and $5,000.4Pennsylvania General Assembly. Pennsylvania Statutes Title 35 – Controlled Substance, Drug, Device and Cosmetic Act Doctors and pharmacists face additional scrutiny: they must issue prescriptions only for legitimate medical purposes and maintain accurate records, and violations can trigger criminal charges on top of license action.
Overdose Immunity You Should Know About
Section 780-113.7 is one of the most practically important provisions in the Act. If you call 911 or take someone to a hospital because they are overdosing, you cannot be charged for drug possession or paraphernalia offenses that police discover only because you sought help. The same immunity extends to the person who overdosed.6Pennsylvania General Assembly. Pennsylvania Statutes Title 35 PS Health and Safety 780-113.7
To qualify, you have to report the overdose in good faith, give your real name and location, cooperate with responders, and stay with the person until help arrives. The immunity covers possession of small amounts of drugs and paraphernalia, and probation or parole violations tied to those offenses. It does not cover drug dealing or manufacturing charges.
Medical Marijuana
The Medical Marijuana Act, codified at 35 P.S. ยงยง 10231.101 through 10231.2110, created a regulated path for patients with qualifying conditions to buy marijuana products from licensed dispensaries.7Pennsylvania Department of Health. Pennsylvania Medical Marijuana Program The program recognizes 24 serious medical conditions, including cancer, epilepsy, PTSD, anxiety disorders, Crohn’s disease, multiple sclerosis, opioid use disorder, and severe chronic pain. Moderate to severe traumatic brain injury and Type II diabetes are approved for research purposes only.8Pennsylvania Department of Health. Medical Marijuana Patients
Enrollment is a four-step process: register on the Department of Health’s website, get certified by an approved practitioner, pay for a medical marijuana ID card, and visit a licensed dispensary with the card. You need a Pennsylvania driver’s license or state-issued ID to prove residency.8Pennsylvania Department of Health. Medical Marijuana Patients The Act includes confidentiality protections for patient and caregiver data and requires electronic tracking of all marijuana from seed to sale.
At Work, and Under Federal Law
Employers cannot fire, refuse to hire, or otherwise discriminate against someone solely because they hold a medical marijuana certification. Employers are not required to allow marijuana use on workplace property, and they can discipline employees who are impaired on the job, particularly in safety-sensitive roles.
On April 28, 2026, the Department of Justice rescheduled marijuana dispensed through qualifying state medical programs from Schedule I to Schedule III of the federal Controlled Substances Act, putting state-authorized medical marijuana in the same federal category as prescription opioids and benzodiazepines. Recreational marijuana remains a federal crime, and the federal Controlled Substances Act still imposes mandatory minimum prison sentences for unauthorized possession or distribution of specific quantities.9EveryCRSReport.com. Department of Justice Eases Control of Medical Marijuana
Volunteer Firefighter Rules
Part II of Title 35 governs volunteer fire companies and emergency medical services. The statute creates the Office of the State Fire Commissioner, which oversees volunteer organizations, and houses the Pennsylvania State Fire Academy along with training provisions and reimbursement rules for bomb squad operations.10Justia Law. Pennsylvania Consolidated Statutes Title 35 – Chapter 73
Pennsylvania law protects volunteer firefighters who miss work while responding to an emergency call. An employer generally cannot terminate or discipline an employee for being absent during an active emergency response, as long as the volunteer can produce written confirmation from their fire chief documenting the nature and duration of the call.
One federal wrinkle matters here. Under the Fair Labor Standards Act, a volunteer can only be paid so much before being reclassified as an employee. Volunteers may receive reimbursement for out-of-pocket expenses like meals, transportation, and uniforms, plus benefits such as insurance or length-of-service awards. Any stipend must stay “nominal,” which the Department of Labor generally treats as no more than 20% of what a full-time firefighter would earn for comparable work. Paying an hourly rate or tying compensation to hours worked destroys volunteer status and creates an employment relationship with minimum wage and overtime obligations.
Getting a Birth or Death Certificate
Title 35, Chapter 1 gives the Department of Health authority over vital records. The process to get a certified copy is straightforward if you have the right documents.
What to Gather First
For a birth certificate request, you need the full name on the certificate, the date and place of birth, and the full names of both parents, including the mother’s maiden name. A valid photo ID such as a Pennsylvania driver’s license is required. If you are requesting someone else’s record, you have to show a direct legal interest, usually as a parent, legal guardian, or authorized representative. The Department of Health uses Form H105.102 for birth certificate applications.11Pennsylvania Department of Health. Application for a Birth Certificate Death certificate applications use a separate form (H105.101).
Cost and Where to Send It
Each copy of a birth certificate costs $20. Online orders through the state’s authorized portal add a $10 service fee on top of the per-copy charge.12Pennsylvania Department of Health. Birth Certificates For mail-in requests, send the completed application, a copy of your ID, and a check or money order payable to “Vital Records” to:
Department of Health
Division of Vital Records
PO Box 1528
New Castle, PA 1610311Pennsylvania Department of Health. Application for a Birth Certificate
Cash is not accepted for mailed applications, and the wrong payment amount will delay your request. Mail-in processing generally takes several weeks; online orders tend to move faster. If the Division cannot locate the record or your information is incomplete, you will get a notice explaining the problem. Completed certificates arrive by mail to the address on your application.