[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:
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 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.
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
ingesting, 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).
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 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.
