Harrisburg, PA Public Conduct: Public Marijuana Use (2026)

Chapter 3-373 of the Codified Ordinances of the City of Harrisburg, Pennsylvania, was adopted 7-5-2016 by Ord. No. 12-2016. Section 3-373-1 states its purpose: to establish a mechanism to process the minor nonviolent offenses of personal possession or use of a small amount of marijuana and personal possession of marijuana paraphernalia, and not to promote or condone either one.

Definitions in § 3-373-2 set the scope. Personal use means introducing marijuana into the body of the person using it, including smoking, inhaling, exhaling, vaporizing or burning any lighted cigar, cigarette, pipe or other device containing marijuana or marijuana extracts. Personal possession is physical custody, or the ability to control or access, solely for the personal use of the possessor, and excludes possession with intent to deliver, distribute, transfer or sell. A small amount is thirty grams or less of marijuana or eight grams or less of hashish.

Section 3-373-3 applies so long as marijuana is listed as a controlled substance in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act. It names two violations, possession of a small amount and use of a small amount, and the text does not confine either one to a public place. A person found in violation is issued a nontraffic summary citation by the police or another authorized law enforcement officer, who can instead take the name and address and mail the citation by first-class mail. When the person is under 18, the officer temporarily detains the minor, advises the parent or guardian, issues a copy of the citation to the parent or guardian, who is responsible for paying the fine, and provides contact information for a local substance abuse education and treatment agency.

Section 3-373-4 separately covers personal possession of marijuana paraphernalia, with the same citation and juvenile procedure. Under § 3-373-5F, the chapter does not supersede Pennsylvania or federal law, and police retain authority to make custodial arrests where there is probable cause for a criminal offense other than personal possession or use of a small amount.