An attempt to decriminalize marijuana possession in North York faces an uncertain future after the borough’s mayor promised to veto a council-approved ordinance.
North York Mayor Nancy Brunk announced her intent 15 seconds after the roll-call vote broke 3-2 with one person absent. The council has six members — or one less than a full board.
Council President Seth Hightman joined Vice President Vickie Rice and Dhani Thomas in supporting the ordinance that would make possessing a small amount of marijuana — an ounce or less — a non-traffic citation and a $50 fine. Possessing drug paraphernalia would be a $50 fine and smoking it in public would be a $100 fine.
Council members M. Joel Collier and Tracey Knouse dissented. Council member Vivian Amspacher, who usually attends meetings remotely, was absent.
Brunk did not return a phone call seeking comment.
Overriding the veto would require a majority of the council plus one member at the council’s next meeting. North York, even with its current vacancy, is statutorily governed by a seven-member council, requiring five votes for an override.
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Amspacher on Thursday would not speculate about the ordinance and its future in North York.
“I want to see what goes on,” Amspacher said. “I’m not going to project what I may do in three or four weeks.”
Before voting, council members questioned the borough’s solicitor and Lt. Gregg Anderson, of the Northern York County Regional Police Department, about logistics surrounding the marijuana decriminalization ordinance that was unanimously approved by the council for advertisement Feb. 13.
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Anderson last month told council the ordinance would give police an additional tool to use. On Tuesday, he said he has never experienced an instance where he would have used it.
State laws supersede local ordinances and the York County district attorney says to follow the state guidelines, Anderson said.
But there is no written policy on that, according to DA’s office spokesperson Kyle King.
“It would be up to each jurisdiction as to how they would treat those,” he said.
Northern York Regional made two juvenile and 26 adult arrests for marijuana-only offenses in North York last year.
Rice, an advocate for ex-offenders, said before the vote that someone’s life could be ruined by possessing marijuana.
“Let’s say a 19-year-old guy, in college, is caught with a small amount and it could potentially cause him harm in looking for work,” Rice said. “I feel as though this would be an out and an option for someone not to be put into a box because of a small amount of marijuana.”
York City passed a similar ordinance in 2017. Under that, first-possession offenses are a $100 fine, second offenses bring a $250 fine and third offenses trigger a $500 fine. Over the last three years, the city has issued around 155 citations annually for simple marijuana use or possession.
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Possessing marijuana in Pennsylvania is a misdemeanor charge that can come with a fine of $500 and up to 30 days in jail. Each year, state lawmakers introduce bills that would decriminalize or legalize marijuana statewide but, so far, none of them have gained much traction.
Gov. Josh Shapiro called for legalization as a potential revenue generator during his 2024 budget proposal. His budget proposes a 20% tax on adult-use marijuana, which could bring in an estimated $14.8 million statewide in its first year.
North York’s next meeting is scheduled for 6:30 p.m. on Tuesday, April 9, at the borough’s office at 350 E. Sixth Ave. The council’s meetings are viewable live on the borough’s YouTube channel.
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