[HISTORY: Adopted by the Board of Supervisors of the Township
of West Hempfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-6-2020 by Ord. No. 5-20]
A.
The purpose
and intent of this article 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 Township of West Hempfield and not to promote or condone the possession
or use of marijuana or marijuana paraphernalia.
B.
This article
shall not be construed to supersede any existing Pennsylvania or federal
law. The Township police and law enforcement officers retain the authority
to enforce any applicable laws, and it is the Township'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.
C.
It is the
further intent of the Township that this article shall be interpreted
in accordance with the commonwealth's Medical Marijuana Act.[1] Possession of small amounts of marijuana which have been
obtained in accordance with all applicable requirements of the Medical
Marijuana Act and regulations implementing the Medical Marijuana Act
shall not be considered a violation of this article.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
D.
It is the
further intent of the Township that this article does not limit the
option of violators to apply to any diversionary program offered by
the Lancaster County District Attorney's office for these types of
offenses.
As used in this article, the following terms shall have the
meanings indicated:
The Controlled Substance, Drug, Device, and Cosmetic Act
of the Commonwealth of Pennsylvania, Act of April 14, 1972, P.L. 233,
No. 64, as amended, 35 P.S. § 780-101 et seq.
All forms or varieties of the genus Cannabis, whether growing
or not, as defined in the Controlled Substance Act.
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.
The Pennsylvania Medical Marijuana Act, Act of April 17,
2016, P.L. 84, No. 16, as amended, 35 P.S. § 10231.101 et seq.
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 the Controlled Substance Act.
The Township of West Hempfield, Lancaster County, Pennsylvania.
A.
So long
as marijuana shall be listed as a controlled substance in the Controlled
Substance Act, no person shall be in possession of a small amount
of marijuana as defined in said Controlled Substance Act unless such
possession is in full compliance with the Medical Marijuana Act and
the regulations implementing such statute.
C.
Any person
who is found in violation of this section of this article shall be
issued a nontraffic 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 Act, no person shall
be in possession of marijuana paraphernalia unless such possession
is in full compliance with the Medical Marijuana Act and the regulations
implementing such statute.
B.
It shall
be a violation of this section of this article to be in personal possession
of marijuana paraphernalia unless such possession is in full compliance
with the Medical Marijuana Act and the regulations implementing such
statute.
C.
Any person
who is found in violation of this section of this article shall be
issued a nontraffic 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 violation of § 66-3B(1) shall be a fine of not less than $100 nor more than $200.
B.
The penalty for a second violation of § 66-3B(1) shall be a fine of not less than $200 nor more than $300.
C.
The penalty for a third violation of § 66-3B(1) shall be a fine of not less than $300 nor more than $500.
D.
The penalty for a first violation of § 66-3B(2) shall be a fine of not less than $100 nor more than $200.
E.
The penalty for a second violation of § 66-3B(2) shall be a fine of not less than $200 nor more than $300.
F.
The penalty for a third violation of § 66-3B(2) shall be a fine of not less than $300 nor more than $500.
G.
The penalty for a first violation of § 66-4 shall be a fine of not less than $100 nor more than $200.
H.
The penalty for a second violation of § 66-4 shall be a fine of not less than $200 nor more than $300.
I.
The penalty for a third violation of § 66-4 shall be a fine of not less than $300 nor more than $500.
J.
Subsequent
offenses. A person is only eligible to be charged under this article
for three offenses within a five-year period. All subsequent offenses
shall be charged in accordance with federal and Pennsylvania law.
K.
Nothing
in this section shall be interpreted to limit the powers of the Lancaster
County District Attorney's office relating to admitting offenders
to diversionary programs or the discretion of the court to 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, of as much as four hours for a determination of
guilt for possession of a small amount of marijuana or personal possession
of marijuana paraphernalia and eight hours for personal use of a small
amount of marijuana.
