POT’S ON THE STOVE
Delco delays decriminalization of small amounts of marijuana
Delaware County Council has put off voting on an ordinance that would make purchasing, possessing or smoking a small amount of marijuana in a public space a civil violation rather than a criminal matter.
County Solicitor William F. Martin indicated during a regular meeting Wednesday night that some concerns had been raised with the proposed ordinance as written during an agenda meeting Tuesday, including the title and some minor technical issues.
Martin said that because the title of the ordinance included the term “small amounts of marijuana,” it could show up on civil court records of individuals who had been cited, defeating at least one purpose of decriminalization in removing the stigma of a marijuana arrest. After some discussion, council decided to replace the title language with “minor public health violation.”
The proposed ordinance defines a “small amount” of marijuana as 30 grams or less – slightly more than 1 ounce – and imposes a civil fine of $50 per violation. Any revenue collected from fines would be allocated to existing drug and alcohol treatment programs.
The ordinance argues that the arrest, charging and prosecuting of those possessing a small amount of marijuana represents a substantial cost to taxpayers, as well as police, the prison and the courts.
The proposed ordinance applies only to public spaces. Offenses occurring on the grounds of any public library or any public, private or parochial elementary or secondary school would remain criminal.
But giving law enforcement the option to impose a civil penalty does provide a new tool and “commonsense approach” to controlling the use of marijuana in a bid to promote greater efficiency in the criminal justice system, the ordinance says.
The ordinance does not supersede any existing state or federal laws, which still identify marijuana as a Schedule 1 controlled substance. Minors cited under the ordinance will be temporarily detained under the same guidelines for summary offenses and parents will be notified.
At least two municipalities in the county, Folcroft and Upper Darby, have already instituted similar ordinances. Morton Police Chief Joseph LaSpina previously said his department has also been using a 1998 ordinance dealing with drug paraphernalia in much the same manner since he came on as chief in late 2016.
Gov. Tom Wolf, a Democrat, had also called upon the General Assembly to get a bill to his desk legalizing cannabis use in the state as a way to recoup tax revenues lost to the COVID-19 pandemic.
Wednesday was meant to be the second reading of the countywide ordinance, which would have allowed for a vote on its passage. Changing the title effectively made it a new ordinance, however, and so Wednesday signified the first reading after those changes were made. It must be advertised and read again in two weeks before a vote can be taken.
In addition to the title change, council also added language extending the civil penalty to possession of marijuana paraphernalia and clarified that the fine would apply to adults and minors.