[Added by Ord. No. 2020-745, 10/13/2020]
The purpose and intent of this Part 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 limits of West Norriton Township and is not
to promote or condone the possession or use of marijuana or marijuana
paraphernalia.
[Added by Ord. No. 2020-745, 10/13/2020]
As used in this Part, the following terms shall have the meanings
indicated:
All forms or varieties of the genus Cannabis, whether growing
or not, as defined by Pennsylvania's Controlled Substance, Drug,
Device, and Cosmetic Act, 35 P.S. § 780-101 et seq.
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.
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 Pennsylvania's Controlled Substance,
Drug, Device, and Cosmetic Act, 35 P.S. § 780-113(a)(31).
[Added by Ord. No. 2020-745, 10/13/2020]
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
as defined in said Act.
C.
Any person who is found in violation of this section of this Part
shall be issued a nontraffic summary citation by the Township 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 Part 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.
[Added by Ord. No. 2020-745, 10/13/2020]
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 of this Part to be in personal
possession of marijuana paraphernalia.
C.
Any person who is found in violation of this section of this Part
shall be issued a nontraffic summary citation by the Township 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.
[Added by Ord. No. 2020-745, 10/13/2020]
A.
The penalty for first violation, and all subsequent violations, of § 10-903 of this Part relating to personal possession of a small amount of marijuana shall be a fine of $40.
B.
The penalty for first violation, and all subsequent violations, of § 10-903 of this Part relating to personal use of a small amount of marijuana shall be a fine of $40.
C.
The penalty for first violation, and all subsequent violations, of § 10-904 of this Part relating to personal possession of marijuana paraphernalia shall be a fine of $40.
D.
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, of
as much as 25 hours for a determination of guilt for possession of
a small amount of marijuana or personal possession of marijuana paraphernalia
and 25 hours for personal use of a small amount of marijuana.
[Added by Ord. No. 2020-745, 10/13/2020]
A.
A nontraffic summary citation issued under this Part shall be enforced
in accordance with the procedures established by the West Norriton
Township Police Department for enforcement of summary violations.
B.
The Chief of Police or his or her designee shall report to the Township
Board of Commissioners regarding implementation of this Part on an
annual basis for the first three years following adoption of this
Part.
C.
This Part shall not be construed to supersede any existing Pennsylvania
or federal law. The West Norriton Township police and law enforcement
officers retain the authority to enforce any applicable laws, and
it is the Board of Commissioners' 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.
