Delco Could Decrminalize Marijuana Paraphernalia Possession

DELAWARE COUNTY, PA — Delaware County officials Tuesday discussed the proposed ordinance that would decriminalize small amounts of marijuana in the county and floated the idea of also decriminalizing paraphernalia possession.

During an agenda meeting Tuesday, officials addressed three proposed changes to ordinance 2020-8.

The ordinance would give municipal police officers the discretion on how whether to issue a $50 fine for anyone who possesses, smokes, or purchases less than 30 grams of marijuana.

However, if the possession or consumption of marijuana occurs on school grounds or at a public library, officers must treat the matter criminally, not civilly, under the Pennsylvania criminal code.

One of the changes was adding paraphernalia possession to the offenses listed under the ordinance.

The amendment defines marijuana paraphernalia as "anything used for packing, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body."

Councilwoman Elaine Paul Schaefer said adding the paraphernalia amendment does not change the goal of the ordinance.

"I fully support it," she said. "Making sure it's included is important."

Another proposed change to the ordinance was about alternative adjudication for those who violations the ordinance. Under the ordinance, minor's can have fines suspended for violation the ordinance if they agree to be admitted to an alternative adjudication program.

The change proposes expanding that option to all who violate the ordinance.

"These are common sense reforms that make the ordinance even better in our view," District Attorney Jack Stollsteimer said. "So we're fully supportive from the district attorney's perspective and law enforcement in general."

Another change proposed was minor and technical, which clarified language in the ordinance.

Officials also discusses changing the name of the ordinance to exclude "small amount of marijuana" in order to prevent issues when someone cited for violating the ordinance applies for a position and requires a background and/or criminal history check.

However, changing the name could create a setback in passing the ordinance, but officials said doing so would be worth the wait as it would materially improve the circumstance for those who violate the ordinance.

The council will consider the ordinance at its meeting Wednesday night, which will be livestreamed online here at 6 p.m.

Public comments must be submitted with the same information that is requested at a public meeting including the person’s name and address.

Emails can be sent to PublicComment@co.delaware.pa.us. Comments can also be submitted by phone at 610-891-4931.

Public comment will be accepted until the meeting is adjourned. The public comments will be read into record during the meeting and council will respond if warranted.

Please give your name, address and public comment. Your comment will be transcribed and read into record. Emailed or phoned-in comments deemed inappropriate will not be read into public record.