[Ord. 2078, 8/1/2016]
The Borough of State College wishes to provide for the assessment
of a summary offense for the possession of small amounts of marijuana
under certain terms and conditions.
[Ord. 2078, 8/1/2016; amended by Ord. 2090, 2/13/2017, Section
1]
For the purposes of this ordinance, the following terms have
the following meanings:
Any device, which is used or is intended to be used for the
purpose of storing marijuana or for smoking marijuana.
All forms of or varieties of the genus Cannabis sativa L.,
whether growing or not, as defined by Pennsylvania's "Controlled
Substance, Drug, Device and Cosmetics Act" as set forth at 35 P.S.
§ 780-101 et seq.
A street, park, sidewalk, a vehicle in or upon any street,
alley, park or parking area, or any other place to which the public
is invited.
Thirty grams or less of marijuana or eight grams or less
of hashish as set forth in 35 P.S. § 780-113(a)(31).
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe or other such device which contains marijuana. "Smoking"
includes devices designed to vaporize marijuana or marijuana extracts.
[Ord. 2078, 8/1/2016; amended by Ord. 2090, 2/13/2017, Section
1]
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
or drug paraphernalia as defined in said Act.
c.
Persons who are found in violation of this section may be issued
a nontraffic citation by the police or other authorized law enforcement
officer. Alternatively, the officer may obtain the subject's
name and address and later send a nontraffic citation through the
Magisterial District Judge's office.
d.
The officer who observes a violation of this section by a minor may:
(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 possession
of a small amount of marijuana and/or drug paraphernalia;
(3)
Issue a nontraffic citation to the minor if the minor is 14
years of age or older and to the parent or guardian, and advise the
parent or guardian that he or she is responsible for the payment of
the violation fine; and
(4)
Provided such agency exists, provide the parent or guardian
with contact information for agencies where substance abuse educational
and treatment programs are available.
[Ord. 2078, 8/1/2016; amended by Ord. 2090, 2/13/2017, Section
1]
a.
The penalty for a violation of § 5-1053b(1) of this Part
by an adult or minor under the age of 18 shall be a fine of $250 for
each violation.
b.
The penalty for a violation of § 5-1053b(2) of this Part
by an adult or minor under the age of 18 shall be a fine of $250 for
each violation.
c.
The penalty for a violation of § 5-1053b(3) of this Part
by an adult or minor under the age of 18 shall be a fine of $350.
