Small Amounts Of Marijuana Could Be Decriminalized In Delco

DELAWARE COUNTY, PA — The possession and consumption of marijuana in Delaware County could soon only land you a ticket.

The Delaware County Council Wednesday gave the first reading of an ordinance that would decriminalize small amounts of marijuana.

If ordinance 2020-8 passes, municipal police officers would be given the discretion on how whether to issue a $50 fine for anyone who possesses or smokes 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.

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Councilwoman Elaine Paul Schaefer said even under the ordinance, officers' can still choose to treat small amounts of marijuana as criminal cases at their discretion.

"If a police officer or department chose to continue to treat these infractions the way they are treating them now, they could," she said. "Instead this gives them a tool, another tool to treat this particular infraction differently and treat it with a summary offense."

While police could still treat small amounts criminally, Council Chairman Brian Zidek said he's heard from police who are in support of the change.

"I've heard for well over a year requests from our police officers who have asked to give them more discretion in making these decisions," he said.

Minors who are caught with small amounts of marijuana will be temporarily detained and their parents or guardians will be notified before a notice of violation is issued to the minor. Minors can also agree to an adjudication alternative and have the fine suspended.

Revenue collected by fines through the ordinance will be used to fund drug and alcohol abuse treatment and prevention programs.

Delaware County District Attorney Jack Stollsteimer said he thinks many people see decriminalization as "common sense."

"This is marijuana just for personal use," he said. "A small amount of marijuana no longer needs to be considered a misdemeanor crime, we can make it a summary offense."

County Councilman Kevin Madden said the ordinance would have a "significant impact on lots and lots of people in Delaware County."

Upper Darby and Folcroft have already decriminalized small amounts of marijuana at the local level, Schaefer said.

An independent public hearing on the matter will be scheduled.

Editor’s Note: a previous version of this story incorrectly listed sale and purchase of marijuana as being decriminalized. Patch regrets the error.