[Adopted 3-18-2019 by Ord. No. 2019-2, approved 3-18-2019]
The Borough Council of Steelton acknowledges that marijuana
arrests account for half of all drug arrests in the United States
and that the cost of enforcing marijuana laws to Pennsylvania taxpayers
has totaled more than $225 million from 2010 to 2016. In addition,
this legislative body recognizes that under current federal and state
law, millions of Americans that are arrested for the possession of
a small amount of marijuana are subject to a litany of collateral
consequences that may adversely impact their prospects for employment,
housing and their eligibility to receive financial aid. This legislative
body also acknowledges that dozens of municipalities (including Harrisburg,
Philadelphia, Pittsburgh, and York) across the country have undertaken
efforts to enact ordinances that decriminalize the possession of a
small amount of marijuana for the purpose of bringing penalties and
consequences in proportion with the gravity of the offense. Moreover,
this legislative body acknowledges that even though marijuana usage
rates are nearly identical among white users and persons of color,
people of color are eight times more likely to be arrested for the
offense, which underscores a salient racial disparity that exists
when it comes to the enforcement of marijuana laws in our Commonwealth.
Therefore, due to the foregoing reasons, this legislative body finds
merit in the act of instituting a policy within the Borough of Steelton
that would create a Small Amounts of Marijuana (SAM) Pilot Program
for the express purpose of assessing both the social and economic
benefits that are to be gained by decriminalizing the offense of possessing
a small amount of marijuana.
As used in this article, the following terms shall have the
meanings indicated:
All form/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 is set forth in 35 P.S.
§ 780-101 et seq.
Any object used, intend for use, or designed for use, in
ingesting, inhaling, smoking, or otherwise introducing cannabis into
the human body, or any object used, intend for use, or designed for
use, in storing, containing, concealing, or transporting cannabis.
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.
Anyone that has been cited and found guilty of violating this Article VI on three or more occasions.
Thirty grams or less of marijuana or 8 grams or less of hashish
as is set forth in 35 Pa.C.S.A. § 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.
A.
To the extent that marijuana shall be listed as a controlled substance in the Controlled Substance, Drug, Device and Cosmetic Act of April 14, 1972 (P.L. 233, No. 64), § 1 et seq., 35 P.S. § 780-101 et seq., no person shall be permitted to possess a small amount of marijuana as defined in § 49-71 above.
C.
Persons who are found in violation of this section shall be issued
a notice of violation by the police or other authorized law enforcement
officer. Alternatively, the officer may obtain the subject's
name and address and later issue a notice of violation by first class
mail.
D.
An officer who observes a violation of this section by a minor 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 possession
of a small amount of marijuana.
(3)
Issue a notice of violation to the minor and to the parent or guardian,
and advise the parent or guardian that he or she is responsible for
the payment of the fine associated with the violation.
(4)
Provide the parent or guardian with contact information for the Dauphin
County Department of Drug and Alcohol Services or similar agencies
where substance abuse education treatment programs are available.
B.
For those found guilty of violating the provisions of this article,
the proper court of jurisdiction may order community service in lieu
of payment of an applicable fine following its determination that
a violator of this act is indigent or is otherwise unable to satisfy
monetary payment. The amount of community service ordered by the court
shall be reasonable and commensurate with the amount of the applicable
fine.
C.
As it pertains to those that are classified as "repeat violators" as is defined under § 49-71 above, the citing officer may, in his/her discretion, elect to charge such an individual under the grading as is prescribed in 35 P.S. § 780-113(a)(31).
D.
There shall be zero tolerance policy in place when it comes to the
act of smoking marijuana in any public space within the Borough of
Steelton. Such conduct shall remain a prohibited act and shall be
graded as is prescribed in 35 P.S. § 780-113(a)(31).
A.
A notice of violation issued under this act shall be enforced in
accordance with the procedures established by the Police Department
for the enforcement of summary violations.
B.
The act shall not be construed to supersede any existing Pennsylvania
or federal law. Steelton Borough police officers reserve their 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 a simple possession
of a small amount of marijuana or marijuana paraphernalia has been
or is being committed.
This Article VI shall expire exactly one year from the date of its enactment.
Prior to the sunset of this act as is prescribed in § 49-75 of this article, the Steelton Borough Police Department shall be required to provide members of the Steelton Borough Council with a publicly available report which shall include but not be limited to the following information:
A.
The total number of citations issued since the date of enactment;
B.
The total number of repeat violators that have been cited since the
date of enactment;
C.
Any applicable challenges that have been encountered in the course
of instituting and enforcing this act; and
D.
Any applicable legislative recommendations to improve upon the administration
and enforcement of this act.
