[Ord. No. 62-2015, eff. 12-22-2015]
(a.) 
MARIJUANA or MARIHUANA
means all form of/or varieties of the genus Cannabis Sativa L., whether growing or not, as defined by Pennsylvania's Controlled Substance, Drug, Device and Cosmetics Act as set forth at 35 Pa.C.S.A. § 780-101 et seq.
(b.) 
PUBLIC SPACE
means a street, park, sidewalk, a vehicle in or upon any street, alley, park or parking area, or any other place to which the public is invited.
(c.) 
SMALL AMOUNT OF MARIJUANA
means thirty (30) grams or less of marijuana or eight (8) grams or less of hashish as set forth in 35 Pa.C.S.A. § 780-113(a)(31).
(d.) 
SMOKING
means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other such device which contains marijuana. "Smoking" includes devices designed to vaporize marijuana or marijuana extracts.
[Ord. No. 62-2015, eff. 12-22-2015; Ord. No. 9-2016, § 1, eff. 4-7-2016]
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 a summary violation of this Section:
i. 
Possessing a small amount of marijuana.
ii. 
Smoking a small amount of marijuana in any public space.
c. 
Persons who are found in violation of this Section shall be issued a Notice of Violation by the police or other authorized law enforcement officer. Alternatively, the officer can obtain the subject's name and address and later send a Notice of Violation by first-class mail.
d. 
The parent or guardian of a minor under the age of eighteen (18) years who violates this Section 627.02 shall also be in violation of this Section. The officer who observes a violation of this Section by a minor shall:
i. 
Temporarily detain the minor and follow all existing procedures for the handling of summary offenses committed by a minor;
ii. 
Advise the parent or guardian that the minor was found in possession of a small amount of marijuana;
iii. 
Issue a Notice of Violation to the minor and to the parent or guardian, and advise the parent or guardian that he or she is responsible for the payment of the violation fine; and
iv. 
Provide the parent or guardian with contact information for the Allegheny County Department of Human Services or similar agency where substance abuse education and treatment programs are available.
e. 
Penalties.
i. 
The penalty for a violation of subsection b.i. of this Section by an adult or minor under the age of eighteen (18) shall be a fine of twenty-five dollars ($25.00) for each violation.
ii. 
The penalty for a violation of subsection b.ii. by an adult or minor under the age of eighteen (18) shall be a fine of one hundred dollars ($100.00) for each violation. The court may, in its discretion, suspend the fine imposed under this subsection e.ii. if the person found guilty agrees to and does in fact perform such community service as the court deems appropriate, up to nine (9) hours.
f. 
Enforcement.
i. 
A Notice of Violation issued under this Section 627.01 et seq., shall be enforced in accordance with the procedures established by the Police Department for enforcement of summary violations.
ii. 
This Chapter shall not be construed to supersede any existing Pennsylvania or Federal law. Pittsburgh police officers retain the authority to enforce any applicable laws and it is Council's intent that police officers may undertake custodial arrests where there is probable cause to believe that a criminal offense other than simple possession of a small amount of marijuana has been or is being committed.