[HISTORY: Adopted by the City Council of the City of Harrisburg 7-5-2016 by Ord. No. 12-2016. Amendments noted where applicable.]
The purpose and intent of this chapter is to promote the general
safety and welfare of the public by establishing a mechanism to process
the minor nonviolent offenses of personal possession or personal use
of a small amount of marijuana and personal possession of marijuana
paraphernalia within the City of Harrisburg and not to promote or
condone the possession or use of marijuana or marijuana paraphernalia.
As used in this chapter, the following terms shall have the
meanings indicated:
All forms or varieties of the genus Cannabis, whether growing
or not, as defined by Pennsylvania's "Controlled Substance, Drug,
Device and Cosmetic Act" as set forth at 35 Pa.C.S.A. § 780-101
et seq.
Any device, instrument, apparatus or object used, intended
to be used, or designed to be used for introducing marijuana into
the human body or for storing, containing, concealing, or transporting
marijuana.
Actual physical custody of or the ability to exercise control
over or have access to, for the sole purpose of one's own personal
use. This does not include possession with intent to deliver, distribute,
transfer, or sell.
Introducing marijuana into one's own body, which includes
smoking, inhaling, exhaling, vaporizing, or burning any lighted cigar,
cigarette, pipe or other such device which contains marijuana or marijuana
extracts.
Thirty grams or less of marijuana or eight grams or less
of hashish as set forth in 35 Pa.C.S.A. § 780-113(a)(31).
A.
So long as marijuana shall be listed as a controlled substance in
the "Controlled Substance, Drug, Device and Cosmetic Act," 1972, April
14, P.L. 233, No. 64, § 1 et seq., 35 P.S. § 780-101
et seq., no person shall be in possession of a small amount of marijuana.
C.
Any person who is found in violation of this section shall be issued
a nontraffic summary citation by the police or other authorized law
enforcement officer. Alternatively, the officer can obtain the subject's
name and address and later send the citation by first-class mail.
D.
Any officer who observes a violation of this section by a person
under 18 years of age shall:
(1)
Temporarily detain the minor and follow all existing procedures
for the handling of summary offenses committed by a minor;
(2)
Advise the parent or guardian that the minor was found in personal
possession of a small amount of marijuana or to have been engaging
in personal use of a small amount of marijuana;
(3)
Issue a copy of the citation to the parent or guardian advising
that he or she is responsible for the payment of the violation fine;
and
(4)
Provide the parent or guardian with contact information for
a local agency where substance abuse educational and treatment programs
are available.
A.
So long as drug paraphernalia includes objects used in connection
with marijuana possession or use in the "Controlled Substance, Drug,
Device and Cosmetic Act," 1972, April 14, P.L. 233, No. 64, § 1
et seq., 35 P.S. § 780-101 et seq., no person shall be in
possession of marijuana paraphernalia.
B.
It shall be a violation of this section to be in personal possession
of marijuana paraphernalia.
C.
Any person who is found in violation of this section shall be issued
a nontraffic summary citation by the police or other authorized law
enforcement officer. Alternatively, the officer can obtain the subject's
name and address and later send the citation by first-class mail.
D.
Any officer who observes a violation of this section by a person
under 18 years of age shall:
(1)
Temporarily detain the minor and follow all existing procedures
for the handling of summary offenses committed by a minor;
(2)
Advise the parent or guardian that the minor was found in personal
possession of marijuana paraphernalia;
(3)
Issue a copy of the citation to the parent or guardian advising
that he or she is responsible for the payment of the violation fine;
and
(4)
Provide the parent or guardian with contact information for
a local agency where substance abuse educational and treatment programs
are available.
A.
The penalty for a first and second violation of § 3-373.3B(1)
for personal possession of a small amount of marijuana shall be a
fine of $75.
B.
The penalty for a first and second violation of § 3-373.3B(2)
for personal use of marijuana shall be a fine of $150.
C.
The penalty for a first and second violation of § 3-373.4B
for personal possession of marijuana paraphernalia shall be a fine
of $75.
D.
Subsequent offenses. A person is only eligible to be charged under this Chapter 3-373 for two offenses within a five-year period. All subsequent offenses shall be charged in accordance with federal and Pennsylvania law.
E.
The court may, in its discretion, suspend the fine imposed under
this section if the person found guilty agrees to and does in fact
perform such community service as the court deems appropriate, up
to nine hours.
F.
Enforcement.
(1)
A nontraffic summary citation issued under this Chapter 3-373 shall be enforced in accordance with the procedures established by the Police Bureau for enforcement of summary violations.
(2)
This Chapter 3-373 shall not be construed to supersede any existing Pennsylvania or federal law. Harrisburg police officers retain the authority to enforce any applicable laws, and it is Council's intent that police officers may undertake custodial arrests where there is probable cause to believe that a criminal offense other than personal possession or personal use of a small amount of marijuana or personal possession of marijuana paraphernalia has been or is being committed.
