[HISTORY: Adopted by the Board of Supervisors of the Township of West Whiteland as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-8-2021 by Ord. No. 463]
The purpose and intent of this article is not to promote or condone the possession or use of marijuana or marijuana paraphernalia, but to promote the general welfare and safety of the public by establishing a mechanism to process the minor nonviolent offense of personal possession of a small amount of marijuana within the limits of the Township.
As used in this article, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
MARIJUANA or MARIHUANA
All forms of or varieties of the genus Cannabis sativa L., as defined by Pennsylvania's Controlled Substance, Drug, Device and Cosmetic Act as set forth at 35 Pa.C.S.A. § 780-101 et seq., and as may be amended.
PUBLIC PLACE
Any of the following shall be deemed a "public place" for purposes of this article:
A. 
Any place to which the public has access, including but not limited to any public street or public sidewalk, public alley, public mall, public common, public municipal parking lot; a vehicle in or upon any public street, alley, park, or parking areas; or other public ground within the Township; or
B. 
Any place in or about the areas in front of or adjacent to any building or structure, including but not limited to any building or structure used in whole or in part for dwelling or rooming or boarding purposes, or for business, amusement, commercial, mercantile, manufacturing, industrial, storage, education, or recreational purposes, including but not limited to any schools, stores, restaurants, taverns, movie theaters, or other businesses; or
C. 
Any place or location in which a Township police officer, or other authorized law enforcement officer, is lawfully present.
SMALL AMOUNT OF MARIJUANA
Thirty grams or less of marijuana or eight grams or less of hashish as set forth in 35 Pa.C.S.A. § 780-113(a)(31), and as may be amended.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other such device that contains marijuana. Smoking includes doing so using devices designed to vaporize marijuana or marijuana extracts.
SUMMARY VIOLATION
Any violation listed in § 230A-4 (Summary violations), which may be issued in the form of:
A. 
A West Whiteland Township ticket ("ticket"), using a standard form as developed administratively by the West Whiteland Township Police Department, and which, if not paid within 15 days of ticket issuance, shall result in subsequent issuance of a nontraffic citation charging an offense classified as a summary offense pursuant to the terms of this article; or
B. 
Any nontraffic citation which may be directly issued charging an offense classified as a summary offense pursuant to the terms of this article.
So long as marijuana shall be listed as a controlled substance in the Controlled Substance, Drug, Device and Cosmetic Act, as set forth at 35 Pa.C.S.A. § 780-101 et seq., and as may be amended, no person shall be in possession of a small amount of marijuana as defined in said Act.
The following shall be a summary violation of this article:
A. 
Possessing a small amount of marijuana; or
B. 
Smoking a small amount of marijuana in a public place; or
C. 
Any combination of § 230A-4A and B.
Persons who are found in violation of this article may be issued a ticket or nontraffic citation by the West Whiteland Township Police or any 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.
The officer who observes a violation of this article by a minor may take any one, and/or combination of, the following actions:
A. 
Temporarily detain the minor and follow all procedures for the handling of the summary violation committed by the minor;
B. 
Advise the parent or guardian that the minor was found in possession of a small amount of marijuana;
C. 
Issue a nontraffic citation to the minor;
D. 
Provided such agency exists, provide the parent or guardian with contact information for agencies where substance abuse educational and treatment programs are available.
A. 
The penalty for a violation of § 230A-4A of this article by an adult, or minor under the age of 18, shall be a fine of $25 for each violation.
B. 
The penalty for a violation of § 230A-4B of this article by an adult, or minor under the age of 18, shall be a fine of $100 for each violation.
C. 
If violations of both § 230A-4A and B are present, the penalty shall be a fine of $100 for each violation.
D. 
If any summary violation issued in the form of a West Whiteland Township ticket is not paid within 15 days of ticket issuance, it shall result in the subsequent issuance of a nontraffic citation charging an offense classified as a summary offense pursuant to the terms of this article, and the amounts due shall then also include all fees and costs associated with processing the nontraffic citation.
E. 
If any nontraffic citation is directly issued charging an offense classified as a summary offense pursuant to the terms of this article, the amounts due shall then also include all fees and costs associated with processing the nontraffic citation.
A. 
A nontraffic citation issued under this article shall be enforced in accordance with the procedures established by the Township Police Department for enforcement of summary violations.
B. 
This article shall not be construed to supersede any existing Pennsylvania or federal law. Township police officers retain the authority to enforce any and all applicable laws.