The purpose and intent of this article 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 City of Easton and not to promote or condone the possession or use of marijuana or marijuana paraphernalia.
[HISTORY: Adopted by the Council of the City of Easton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-11-2025 by Ord. No. 5905[1]]
[1]
Editor's Note: This ordinance was specified to be added as Chapter 581 but was renumbered to maintain the organization of the Code.
Means all forms or varieties of the genus Cannabis, whether growing or not, as defined by Pennsylvania's "Controlled Substance, Drug, Device and Cosmetic Act" as set forth at 35 Pa.C.S.A. § 780-101 et seq.
Means 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.
Means 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. This does not include possession with intent to deliver, distribute, transfer, or sell.
Means 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.
Means 30 grams or less of marijuana or eight grams or less of hashish as set forth in 35 Pa.C.S.A. § 780-113(a)(31).
A.
Any person who is found in violation of this article shall be issued a nontraffic summary citation by the police officer or other authorized law enforcement officer or, alternatively, the officer can obtain the subject's name and address and later send the citation by first-class mail, in accordance with the Pennsylvania Rules of Criminal Procedure.
B.
Any law enforcement officer who observes a violation of this article by a person under 18 years of age shall:
(1)
Temporarily detain the minor and follow all existing procedures for the handling of summary offenses committed by a minor;
(2)
Advise the parent or guardian that the minor was found in personal possession of a small amount of marijuana or to have been engaging in personal use of a small amount of marijuana;
(3)
Issue a copy of the citation to the parent or guardian advising that he or she is responsible for the payment of the violation fine; and
(4)
Provide the parents or guardian with contact information for a local agency where substance abuse, educational, and treatment programs are available.
C.
To the extent permitted by law, it is the intent that any revenue collected pursuant to this article be allocated to funds designated for the Easton's Recreation Department.
D.
Subsequent offenses. A person is only eligible to be charged under this article for three offenses within a five-year period. All subsequent offenses shall be charged in accordance with federal and Pennsylvania law.
E.
For a first or second offense under this article, the court may, in its discretion, suspend the fine imposed if the person found guilty agrees to and does, in fact, perform such community service as the court deems appropriate, of as much as four hours for a determination of guilt for possession of a small amount of marijuana or personal possession of marijuana paraphernalia and eight hours for personal use of a small amount of marijuana.
F.
If, in the enforcement or prosecution of any violations of this Ordinance, it becomes necessary for Easton Police or the City to conduct testing or retain expert analysis, the Defendant will be liable for reimbursement of all such costs upon a finding of guilt.
