[Added by Ord. No. 2021-7, 4/19/2021]
The purpose and intent of this Part 6 is not to promote or condone the possession or use of marijuana or marijuana paraphernalia, but to promote the general welfare and safety 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 the Borough.
[Added by Ord. No. 2021-7, 4/19/2021]
For purposes of this Part 6, the following terms, phrases, words, and their derivatives shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" and phrase "shall not" are always mandatory and not merely directory.
MARIJUANA
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.
MARIJUANA PARAPHERNALIA
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.
PERSONAL POSSESSION
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.
PERSONAL USE
Introducing marijuana into one's own body, which includes but is not limited to smoking, inhaling, exhaling, vaporizing, or burning any lighted cigar, cigarette, pipe, or other such device which contains marijuana or marijuana extracts.
SMALL AMOUNT
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).
[Added by Ord. No. 2021-7, 4/19/2021]
1. 
So long as marijuana shall be listed as a controlled substance in the Controlled Substance, Drug, Device, and Cosmetic Act, 35 P.S. § 780-101 et seq., no person shall be in possession of a small amount of marijuana as defined in said Act.
2. 
The following shall be violations of this § 603 of Part 6 of this chapter:
A. 
Personal possession of a small amount of marijuana;
B. 
Personal use of a small amount of marijuana.
3. 
Any person who is found in violation of § 603 of Part 6 of this chapter shall be issued a nontraffic summary citation by the regional 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 in accordance with the Pennsylvania Rules of Criminal Procedure.
4. 
Any police officer or other authorized law enforcement officer who observes a violation of ·§ 603 of Part 6 of this chapter by a person under 18 years of age shall:
A. 
Temporarily detain the minor and follow all existing procedures for the handling of summary offenses committed by a minor;
B. 
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;
C. 
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
D. 
Provide the parent or guardian with contact information for a local agency where substance abuse educational and treatment programs are available.
[Added by Ord. No. 2021-7, 4/19/2021]
1. 
So long as drug paraphernalia includes objects used in connection with marijuana possession or use as set forth in the Controlled Substance, Drug, Device, and Cosmetic Act, 35 P.S. § 780-101 et seq., no person shall be in possession of marijuana paraphernalia.
2. 
It shall be a violation of this § 604 of Part 6 of this chapter to be in personal possession of marijuana paraphernalia.
3. 
Any person who is found in violation of § 604 of Part 6 of this chapter 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 in accordance with the Pennsylvania Rules of Criminal Procedure.
4. 
Any law enforcement officer who observes a violation of § 604 of Part 6 of this chapter by a person under 18 years of age shall:
A. 
Temporarily detain the minor and follow all existing procedures for the handling of summary offenses committed by a minor;
B. 
Advise the parent or guardian that the minor was found in personal possession of marijuana paraphernalia;
C. 
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
D. 
Provide the parent or guardian with contact information for a local agency where substance abuse educational and treatment programs are available.
[Added by Ord. No. 2021-7, 4/19/2021]
1. 
The penalty for each of a first, second, and third violation of § 603 of Part 6 of this chapter relating to possession of a small amount of marijuana shall be a fine of $25.
2. 
The penalty for each of a first, second, and third violation of § 603 of Part 6 of this chapter relating to personal use of a small amount of marijuana shall be a fine of $25.
3. 
The penalty for each of a first, second, and third violation of § 604 of Part 6 of this chapter relating to personal possession of marijuana paraphernalia shall be a fine of $25.
4. 
Notwithstanding anything to the contrary in Part 6 to Chapter 10, a person is only eligible to be charged with a nontraffic summary citation under this Part 6 for a total of three violations occurring within one consecutive five-year period. Any violation above that limit shall not be charged as a nontraffic summary citation under this Part 6, but shall be charged and processed in accordance with federal and Pennsylvania law.
5. 
A court may, in its sole and absolute discretion, suspend any fine established in this Part 6 if the person guilty of any violation of § 603 or § 604 of Part 6 of this chapter agrees to perform and satisfactorily completes community service, up to a maximum of 25 hours, as the court shall deem appropriate and sufficient.
[Added by Ord. No. 2021-7, 4/19/2021]
1. 
A nontraffic summary citation issued under this article shall be enforced in accordance with the procedures established by the Central Bucks Regional Police Department for enforcement of summary violations.
2. 
In addition to the penalties imposed by§ 605 of Part 6 of this chapter, any person issued a summary citation for any violation under this Part 6 shall also be responsible for costs and expenses related to such summary citation including, but not limited to, any drug testing expenses.
3. 
The Central Bucks Regional Police Department Chief of Police or his or her designee shall report to the Borough Council regarding implementation of Part 6 of this chapter on an annual basis for the first three years following adoption of this Part 6.
4. 
This Part 6 of Chapter 10 of the Borough Code shall not be construed to supersede any existing Pennsylvania or federal law. The police and law enforcement officers retain the authority to enforce any applicable laws, and it is the Borough Council's 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.