Upper Darby, PA Public Conduct: Public Marijuana Use (2026)

Adopted in August 2020 by Ordinance No. 3081, Chapter 362 doesn't legalize marijuana, it changes how Upper Darby Police handle a low-level violation. Section 362-3A states that while marijuana remains a controlled substance under Pennsylvania's Controlled Substance, Drug, Device and Cosmetic Act, "no person shall be in possession of a small amount of marijuana," defined in Section 362-2 as 30 grams or less of marijuana or eight grams or less of hashish. Rather than a criminal arrest, Section 362-3C directs officers to issue "a non-traffic summary citation," either handed to the person on the spot or mailed later, for both personal possession and personal use, which Section 362-2 defines as smoking, inhaling or otherwise introducing marijuana into the body.

Section 362-5 sets a flat $75 fine for each of the first, second and third violations of personal possession, and the same $75 for each of the first, second and third violations of personal use, so the fine does not escalate with repeat offenses. A court may suspend that fine if the person instead performs up to 20 hours of community service for possession (or paraphernalia possession) or up to 10 hours for personal use. If the person cited is under 18, Section 362-3D requires the officer to detain the minor under existing juvenile summary-offense procedures, notify a parent or guardian, mail the parent a copy of the citation making them responsible for the fine, and provide contact information for local substance-abuse treatment programs.