[HISTORY: Adopted by the Board of Commissioners of the Township of North Versailles as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-16-2023 by Ord. No. 1141]
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 limits of North Versailles Township. Additionally, the purpose and intent of this Ordinance is not to promote or condone the possession or use of marijuana or marijuana paraphernalia.
As used in this article, the following terms shall have the meanings indicated:
MARIJUANA
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.
MARIJUANA PARAPHERNALIA
Any devise, 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.
PERSONAL POSSESSION
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.
PERSONAL USE
Introducing marijuana into one's own body, which includes ingesting, smoking, inhaling, exhaling, vaporizing, or burning any lighted cigar, cigarette, pipe or other such device which contains marijuana or marijuana extracts.
SMALL AMOUNT
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).
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.
B. 
The following shall be violations of this section of this article:
(1) 
Personal possession of a small amount of marijuana; or
(2) 
Personal use of a small amount of marijuana.
C. 
Any person who is found in violation of this section of this article shall be issued a non-traffic 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) 
Provide the parent or guardian with contact information for a local agency where substance abuse educational treatment programs are available.
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 article to be in personal possession of marijuana paraphernalia.
C. 
Any person who is found in violation of this section of this article shall be issued a non-traffic 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 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 marijuana paraphernalia;
(3) 
Provide the parent or guardian with contact information for a local agency where substance abuse educational treatment programs are available.
A. 
The penalty for a first, second, and third violation of this article relating to personal possession of a small amount of marijuana shall be a fine of $50.
B. 
The penalty for a first, second and third violation of this article relating to personal possession of marijuana paraphernalia shall be a fine of $50.
C. 
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.
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 for a determination of guilt for personal possession of a small amount of marijuana or personal possession of marijuana paraphernalia as well as for personal use of a small amount of marijuana.
A. 
A non-traffic summary citation issued under this article shall be enforced in accordance with the procedures established by the North Versailles Township Police Department for enforcement of summary violations.
B. 
This article shall not be construed to supersede any existing Pennsylvania or federal law. The North Versailles Township Police Department 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.