[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.