Delaware County, PA Public Conduct: Public Marijuana Use (2026)
Key Facts
- Threshold
- 30 grams or less
- Civil fine
- $50 per violation
- Status
- Civil violation, not a crime
- Exemption
- Schools and libraries excluded
- Adopted
- Ord. No. 2020-8, 11-14-2020
Summary
Delaware County treats possessing or smoking 30 grams or less of marijuana in a public space as a civil violation carrying only a $50 fine, not a criminal charge, unless the local municipality has its own ordinance covering the same conduct.
The following shall be a civil violation of this article: (1) Purchasing or attempting to purchase a small amount of marijuana; (2) Possessing a small amount of marijuana or marijuana paraphernalia; or (3) Smoking a small amount of marijuana in any public space; Provided, however, that this article shall not apply to any of these violations to the extent that they take place within or on the grounds of any public library or any public, private or parochial elementary or secondary school.
Full Breakdown
Chapter 173, Article II, adopted by Ord. No. A. 'Public space' is defined broadly to include any street, alley, highway, traffic way, park, sidewalk, or a vehicle in or on any of those areas, or any other place to which the public is invited. B, where the ordinance's leniency does not reach. Officers issue a notice of violation in person or later by first-class mail under § 173-8, and minors are temporarily detained, have a parent or guardian advised, and are issued their own notice under § 173-9.
The civil fine is set at $50 per violation by § 173-10, and a magisterial district court may suspend that fine if the person cited agrees to an adjudication alternative program. Section 173-11 preserves municipal police authority to enforce the article within their own boundaries and makes clear the ordinance does not supersede state or federal drug law: officers retain authority to conduct lawful searches and make custodial arrests for offenses beyond the ones described in § 173-6. E.
Violations & Fines
A violation is a civil offense, not a crime: the fine is $50 per violation under § 173-10, collected through a notice of violation processed under Pa.R.Crim.P. Chapter 4 summary-case procedures per § 173-11.B. A magisterial district judge can suspend the fine if the person enrolls in an adjudication alternative or other pre-adjudication program; conduct beyond simple possession or public smoking of a small amount can still trigger a full criminal charge under state law.
Frequently Asked Questions
Is smoking marijuana in public a crime in Delaware County?
Does the decriminalization apply near schools?
Can a municipality in Delaware County still charge marijuana possession criminally?
Sources & Official References
Other rules in Delaware County
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