Erie, PA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Ordinance
- Ord. 3-2018, passed 1-17-2018
- Simple possession fine
- $25 per violation
- Public smoking/paraphernalia fine
- $100 per violation
- Small amount threshold
- 30g marijuana or 8g hashish
- Enforcement
- Notice of Violation, in person or by mail
- Minors
- Parent/guardian also cited and notified
Summary
Smoking marijuana in any public space in Erie carries a $100 summary fine, and simple possession alone draws a lower $25 fine under the city's 2018 decriminalization ordinance. Police issue a Notice of Violation on the spot or by mail instead of a criminal arrest for these violations.
(a) So long as marijuana shall be listed as a controlled substance in the "Controlled Substance, Drug, Device and Cosmetic Act," 1972, April 14, P.L. 233, No. 64, § 1 et seq., 35 P.S. §§ 780-101 et seq., no person shall be in possession of a small amount of marijuana and/or possession of drug paraphernalia as defined in said Act. (b) The following shall be a summary violation of this section: (1) Possessing a small amount of marijuana and/or; (2) Smoking a small amount of marijuana in any public space and/or; (3) Possessing drug paraphernalia. ... SMALL AMOUNT OF MARIJUANA — Thirty grams or less of marijuana or eight grams or less of hashish as set forth in 35 P.S. § 780-113(a)(31). PUBLIC SPACE — A street, park, sidewalk, a vehicle in or upon any street, alley, park or parking area, or any other place to which the public is invited.
Full Breakdown
Erie's marijuana ordinance, adopted by Ordinance 3-2018, splits possession offenses from public smoking. 02(b)(1). 02(b)(2) and (3). Erie police issue a Notice of Violation in the field or mail one to the person's address instead of making a custodial arrest for these offenses alone. 02(d) extends liability to parents or guardians of a minor under 18: officers must temporarily detain the minor, notify the parent, issue notices to both, and hand the parent contact information for the Erie County Department of Human Services for substance-abuse treatment referrals.
03 makes clear the ordinance does not supersede state or federal drug law, so Erie police retain full authority to make custodial arrests whenever probable cause points to an offense beyond simple possession. Courts may suspend the $100 fine if the defendant performs up to nine hours of community service at the court's discretion.
Violations & Fines
A first violation of simple possession under § 714.02(b)(1) draws a $25 fine; smoking in public or holding paraphernalia under (b)(2)/(3) draws $100 per violation. Minors face the same fines, and a parent or guardian who fails to comply after notice is separately liable. Courts can waive the $100 fine for up to nine hours of court-ordered community service, at the judge's discretion, but the underlying citation still stands.
Frequently Asked Questions
Can Erie police arrest me for smoking marijuana in public?
How much is the fine for smoking marijuana in a park in Erie?
What happens if a minor is cited for marijuana possession in Erie?
Sources & Official References
Other rules in Erie
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