The purpose and intent of this chapter 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 the Borough of Prospect Park and
is not to promote or condone the possession or use of marijuana or
marijuana paraphernalia.
As used in this chapter, 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 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.
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
smoking, inhaling, exhaling, vaporizing, or burning any lighted cigar,
cigarette, pipe or other such device which contains marijuana or marijuana
extracts.
SMALL AMOUNT OF MARIJUANA
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).
SMOKING MARIJUANA
Inhaling, exhaling, burning or carrying any lighted cigarette,
cigar, pipe or other such delivery device which contains marijuana.