Supervisors OK ordinance making marijuana possession summary offense

Possession of a small amount of marijuana in Upper Merion Township will now be the equivalent of a traffic ticket after the board of supervisors approved an ordinance change this week.

The Upper Merion Board of Supervisors Thursday night approved an ordinance change that allows police officers the discretion of issuing a non-traffic citation for someone in possession of a small amount of marijuana rather than charging them with a misdemeanor.

Township officials say the change will help police focus on more serious crimes and keep local courts from being bogged down prosecuting minor drug offenses.

Other officials say it will also help those people stopped by police since a summary offense will not result in a criminal record.

“What this would result in, in my opinion, is fewer misdemeanors and fewer misdemeanors mean fewer lives damaged,” Upper Merion Supervisor Greg Waks said before the board’s vote.

Tom Nolan, Upper Merion police chief, outlined the change and what it means for police and the public.

“This ordinance is another tool for the upper Merion police officers to use when dealing with possession with minor amounts of marijuana or marijuana paraphernalia,” Nolan said. “It does not decriminalize marijuana. It provides a mechanism for the police officers to process the minor, nonviolent offense of personal possession.”

According to Nolan, without the ordinance change, the only option a police officer has would be to charge the person with a misdemeanor offense. That means the case goes into the criminal justice system. The officer would have to go back to the station, type out a criminal complaint, and then go into court.

“With this ordinance, we will be issuing a citation in some cases for a small amount of marijuana which can be issued at the scene or mailed out,” Nolan said.

The person getting the citation would then pay a $50 fine.

Noland said the ordinance defines a small amount as less than 30 grams of marijuana or under eight grams of hashish.

Anyone cited under the new ordinance would face a $50 fine for the first three violations. After three violations within five years, they would be subjected to state and federal laws.

Under the juvenile section, police would have to contact the parents and provide information on education or treatment.

Nolan said West Norriton, Norristown and Plymouth Township each have similar ordinances.

Resident Keith Kline said the change would send mixed signals and could encourage people to bring marijuana into Upper Merion because it would be perceived as a safe haven.

“It seems like similar things have been tried in cities like New York City, Seattle, Portland. I don’t think the residents of this town want to emulate those cities,” Kline said.

Other residents supported the new ordinance.

“I think this is a good proposal,” said Ken Logan.

Following the comments, the board approved the change unanimously.