(1) 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 purchase or attempt to purchase, or be in possession of a small amount of marijuana as defined in said act. 343
(2) The following shall be a civil violation of this Section:
(a) Possessing a small amount of marijuana.
(b) Smoking a small amount of marijuana in any public space.
(c) Purchasing or attempting to purchase a small amount of marijuana. 344
(3) 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.
(4) The parent or guardian of a minor under the age of eighteen (18) years who violates this Section 10-2102 shall also be in violation of this Section. The officer who observes a violation of this Section by a minor shall:
(a) Temporarily detain the minor and follow all existing procedures for the handling of summary offenses committed by a minor;
(b) Advise the parent or guardian that the minor was found in possession of, was purchasing, or was smoking in a public space a small amount of marijuana; 345
(c) 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
(d) Provide the parent or guardian with contact information for the Philadelphia Office of Behavioral Health or similar agency where substance abuse educational and treatment programs are available.
(5) Penalties.
(a) The penalty for a violation of subsection (2)(a) or (c) of this Section by an adult or minor under the age of eighteen (18) shall be a civil fine of twenty-five dollars ($25) for each violation. 346
(b) The penalty for a violation of subsection (2)(b) by an adult or minor under the age of eighteen (18) shall be a civil fine of one hundred dollars ($100) for each violation. The court may in its discretion suspend the fine imposed under this subsection (5)(b) if the person found liable agrees to and does in fact perform such community service as the court deems appropriate, up to nine hours.
(6) Enforcement.
(a) A Notice of Violation issued under this Chapter 10-2100 shall be enforced in accordance with the procedures established by the Police Department for enforcement of summary violations. The procedures set forth in Section 1-112 of this Code shall not apply to violations of this Section.
(7) This Chapter shall not be construed to supersede any existing Pennsylvania or Federal law. Philadelphia 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 or purchase of a small amount of marijuana has been or is being committed. 347
(8) It is the intent of Council that the Director of Finance direct that any revenue collected pursuant to this Chapter be used to fund existing or future programs conducted by the Department of Health pertaining to drug treatment and addiction prevention.
Notes
| 342 | Caption amended, Bill No. 180699 (approved November 14, 2018). |
| 343 | Amended, Bill No. 180699 (approved November 14, 2018). |
| 344 | Added, Bill No. 180699 (approved November 14, 2018). |
| 345 | Amended, Bill No. 180699 (approved November 14, 2018). |
| 346 | Amended, Bill No. 180699 (approved November 14, 2018). |
| 347 | Amended, Bill No. 180699 (approved November 14, 2018). |