[HISTORY: Adopted by the Township Council of the Township
of Upper Darby as indicated in article histories. Amendments noted
where applicable.]
[Adopted 8-19-2020 by Ord. No. 3081]
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 limits of the Upper Darby 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.
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.
Any person who is found in violation of this section of this chapter
shall be issued a non-traffic 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.
Any police officer or other authorized law enforcement officer who
observes a violation of this section of this article 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 parents 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 of this chapter to be in
personal possession of marijuana paraphernalia.
C.
Any person who is found in violation of this section of this article
shall be issued a non-traffic 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.
Any law enforcement 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 parents 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 § 362-3 of this Ordinance relating to possession of a small amount of marijuana shall be a fine of $75.
B.
The penalty for a third violation of § 362-3 of this Ordinance relating to possession of a small amount of marijuana shall be a fine of $75.
C.
The penalty for a first violation of § 362-3 of this Ordinance relating to personal use of marijuana shall be a fine of $75.
D.
The penalty for a second violation of § 362-3 of this Ordinance relating to personal use of marijuana shall be a fine of $75.
E.
The penalty for a third violation of § 362-3 of this Ordinance relating to personal use of marijuana shall be a fine of $75.
F.
The penalty for a first and second violation of § 362-4 of this Ordinance relating to personal possession of marijuana paraphernalia shall be a fine of $75.
G.
The penalty for a third violation of § 362-4 of this Ordinance relating to personal possession of marijuana paraphernalia shall be a fine of $75.
H.
The court may, in its discretion, suspend the fine imposed under
this Ordinance if the person found guilty agrees to and does, in fact,
perform such community service as the court deems appropriate, of
as much as 20 hours for a determination of guilt for possession of
a small amount of marijuana or personal possession of marijuana paraphernalia
and 10 hours for personal use of a small amount of marijuana.
A.
A non-traffic summary citation issued under this article shall be
enforced in accordance with the procedures established by the Upper
Darby Township Police Department for enforcement of summary violations.
B.
The Police Superintendent or his or her designee shall report to
Township Council regarding implementation of this article on an annual
basis for the first three years following adoption of this article.
C.
This article shall not be construed to supersede any existing Pennsylvania
or federal law. Upper Darby Township police and law enforcement officers
retain the authority to enforce any applicable laws, and it is the
Township 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.
