City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg 7-5-2016 by Ord. No. 12-2016. Amendments noted where applicable.]

§ 3-373-1 Legislative findings and intent.

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.

§ 3-373-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
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" as set forth at 35 Pa.C.S.A. § 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. This does not include possession with intent to deliver, distribute, transfer, or sell.
PERSONAL USE
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.
SMALL AMOUNT
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).

§ 3-373-3 Personal possession or personal use of a small amount of marijuana.

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.
B. 
The following shall be violations of this section:
(1) 
Personal possession of a small amount of marijuana; or
(2) 
Personal use 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.

§ 3-373-4 Personal possession of marijuana paraphernalia.

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.

§ 3-373-5 Penalties.

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.
(3) 
It is the intent that any revenue collected pursuant to this Chapter 3-373 be allocated to the Police Protection Fund or any future fund that may be established for the direction of such revenue and used for the purpose of drug awareness and prevention.