As used in this chapter, the following terms shall have the
meanings indicated:
MARIJUANA or MARIHUANA
All forms and/or varieties of the genus Cannabis, whether
growing or not, as defined by the "Controlled Substance, Drug Device
and Cosmetic Act," 1972, April 14, P.L. 233, No. 64, Section 1, et
seq., 35 P.S. 780-101 et seq.
MARIJUANA PARAPHERNALIA
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.
MINOR
Any individual under the age of 18 years at the time of violation
of this chapter.
PUBLIC SPACE
Any street, alley, highway, traffic way, park, sidewalk,
or a vehicle in or upon any of the referenced areas, or any other
place to which the public is invited.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigarette,
e-cigarette, vaporizer, cigar, pipe, water pipe, or other such delivery
device which contains marijuana.
Any person who is found in violation of this section of this
chapter shall be issued a nontraffic summary citation by the police
or other authorized law enforcement officer in accordance with the
Pennsylvania Rules of Criminal Procedure. Alternatively, a civil complaint
may be issued under this chapter and enforced consistent with rules
of civil procedure as in effect in the Commonwealth of Pennsylvania.
The officer who identifies a violation of this chapter by a
minor shall:
A. Temporarily detain the minor and follow existing procedures for the
handling of a summary offence by a minor;
B. Advise the parent or guardian that the minor was found to be purchasing
or attempting to purchase a small amount of marijuana; Possessing
a small amount of marijuana or marijuana paraphernalia; or smoking
a small amount of marijuana in any public space; and
C. Issue a notice of violation or civil complaint to the minor.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a magisterial district judge, shall be sentenced to pay a fine of
not more than $300 plus costs together with reasonable attorney fees.
In its discretion, upon application by the person cited, a magisterial
district court may suspend the fine imposed if the person cited agrees
to admission to an adjudication alternative program or other in place
pre-adjudication disposition.