[HISTORY: Adopted by the Board of Supervisors of the Township
of Whitemarsh as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-8-2020 by Ord. No. 1004]
The purpose and intent of this article 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 limits of Whitmarsh Township and is not to
promote or condone the possession or use of marijuana or marijuana
paraphernalia.
As used in this article, 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, 35 P.S. § 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. The term "personal possession" 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 Pennsylvania's Controlled Substance,
Drug, Device, and Cosmetic Act, 35 P.S. § 780-113(a)(31).
A.Â
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
as defined in said Act.
C.Â
Any person who is found in violation of this section of this article
shall be issued a nontraffic summary citation by the police or other
authorized law enforcement officer or, alternatively, the officer
can obtain the subject's name and address and later send the
citation by first-class mail, all to be in accordance with the Pennsylvania
Rules of Criminal Procedure.
D.Â
Any police officer or other authorized law enforcement officer who
observes a violation of this section of this chapter by a person under
18 years of age shall:
(1)Â
Temporarily detain the minor and follow all existing procedures for
the handling of summary offenses committed by a minor;
(2)Â
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)Â
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)Â
Provide the parent or guardian with contact information for a local
agency where substance abuse educational and treatment programs are
available.
A.Â
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.Â
It shall be a violation of this section of this article to be in
personal possession of marijuana paraphernalia.
C.Â
Any person who is found in violation of this section of this article
shall be issued a nontraffic summary citation by the police officer
or other authorized law enforcement officer or, alternatively, the
officer can obtain the subject's name and address and later send
the citation by first-class mail, all to be in accordance with the
Pennsylvania Rules of Criminal Procedure.
D.Â
Any law enforcement officer who observes a violation of this section
of this article by a person under 18 years of age shall:
(1)Â
Temporarily detain the minor and follow all existing procedures for
the handling of summary offenses committed by a minor;
(2)Â
Advise the parent or guardian that the minor was found in personal
possession of marijuana paraphernalia;
(3)Â
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)Â
Provide the parent or guardian with contact information for a local
agency where substance abuse educational and treatment programs are
available.
A.Â
The penalty for a first, second, and third violation of § 47-3 of this article relating to personal possession of a small amount of marijuana shall be a fine of $50.
B.Â
The penalty for a first, second, and third violation of § 47-3 of this article relating to personal use of a small amount of marijuana shall be a fine of $50.
C.Â
The penalty for a first, second, and third violation of § 47-4 of this article relating to personal possession of marijuana paraphernalia shall be a fine of $50.
D.Â
Subsequent offenses. A person is only eligible to be charged under
this article for three offenses within a five-year period. All subsequent
offenses shall be charged in accordance with federal and Pennsylvania
law.
E.Â
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, of
as much as 25 hours for a determination of guilt for personal possession
of a small amount of marijuana or personal possession of marijuana
paraphernalia and 25 hours for personal use of a small amount of marijuana.
A.Â
A nontraffic summary citation issued under this article shall be
enforced in accordance with the procedures established by the Whitemarsh
Township Police Department for enforcement of summary violations.
B.Â
The Chief of Police or his or her designee shall report to the Board
of Supervisors regarding implementation of this article on an annual
basis for the first three years following adoption of this article.
C.Â
This article shall not be construed to supersede any existing Pennsylvania
or federal law. The Whitemarsh Township police and law enforcement
officers retain the authority to enforce any applicable laws, and
it is the Board of Supervisors' intent that such law enforcement
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.