Back in August, State College Borough Council approved an ordinance that allowed State College Police to charge possession of a small amount of marijuana as a summary offense instead of as a misdemeanor.
After being in practice for about six months, council has made some tweaks. At Monday night’s meeting council members adopted two changes to the ordinance.
When the ordinance was passed in August, it did not address marijuana paraphernalia, and so possession/use of marijuana paraphernalia remained a misdemeanor. Council on Monday approved changing that to a summary offense as well.
The second change removes a penalty for the parents of minors found in violation of the ordinance. As originally adopted, parents of individuals under 18 charged with summary possession also could have received a citation. Council agreed on Monday to remove the parent penalty.
Since the ordinance was enacted, just four individuals have been charged by State College Police with summary marijuana possession, according to the borough.
Under the ordinance, individuals in possession of or smoking a small amount of marijuana — 30 grams or less of marijuana or eight grams or less of hashish — can be issued a non-traffic citation, rather than receiving a misdemeanor criminal charge. Possession results in a $250 citation and smoking a $350 citation.
If a possession charge is made in connection with other misdemeanors or felonies, it cannot be separated out as an ordinance violation and as a matter of law would also be charged as a misdemeanor.
The ordinance only applies in the Borough of State College for State College Police. On Penn State’s University Park campus, possession is enforced as a misdemeanor under state law — regardless of which municipality the offense occurs in. The state continues to apply in College and Harris Townships, where State College Police have jurisdiction, as well as Ferguson and Patton Townships.
Historically, the number of marijuana possession offenses charged in the borough is dwarfed by those charged on the University Park campus. According to Penn State’s most recently available crime statistics, in 2015 University Police charged 154 individuals with possession of a small amount of marijuana. That same year, State College Police charged just 14.
Penn State officials have noted that since the university receives federal funding, University Police are required to follow state and federal laws that treat marijuana possession as a misdemeanor.
News Moderator: Katelyn Baker
Full Article: Borough Council Revises Marijuana Possession Ordinance
Author: Geoff Rushton
Contact: (814) 238-3500
Photo Credit: Wikimedia Commons
Website: State College
