Sharpsburg council pulls measure to decriminalize possession and use of marijuana, paraphernalia

With virtually no public support and a police chief saying the proposal conflicted with state law, Sharpsburg Council on Feb. 24 permanently yanked a controversial measure to legalize marijuana in the borough.

The measure itself never came up for a vote. The sponsor, Councilman Jon Jaso, made a motion to withdraw it, and the vote allowing him to do so was unanimous.

“After listening to comments from the community and the police department, I decided it was best to remove the ordinance,” he said.

Council’s action was taken after borough Manager Bill Rossey announced his resignation, effective on March 25.

Rossey was at the meeting and excused himself shortly after roll call.

Jaso’s marijuana proposal would have decriminalized possession of small amounts of all forms and varieties of cannabis and related paraphernalia as well as the smoking of it in public.

Several residents attending the Feb. 24 meeting voiced their opposition, and at least a dozen raised their hands when council asked who in the audience was against it.

Councilman Sarah Ishman said one reason she opposed the measure was that it was unnecessary.

“It doesn’t change anything except public perception, and I don’t think that’s for the better,” she said.

Borough police have consistently been opposed, with Officer Brian Hoebel telling council members that marijuana is still illegal under state law.

He also said officers use their discretion when handling incidents involving marijuana and have only charged people four times for the crime in the past year.

“We’re not looking to be punitive,” he said. “I’m not going to use this (ordinance).”

Police Chief Thomas Stelitano had said at previous meetings that the ordinance would be moot under state law.

Mayor Brittany Reno said she and other council members received emails in support of the proposed ordinance.

The ordinance would not have been considered at February’s meeting had it not been for a razor’s-edge approval in January to advertise the proposed legislation. Reno broke a 3-3 tie to advertise it so it could come up for a vote in February.

A small amount was defined in the proposal as 30 grams or less of marijuana or eight grams or less of hashish. That’s how it’s defined in Pennsylvania’s Controlled Substance, Drug, Device and Cosmetic Act. There are 28 grams in an ounce.

People caught in possession or smoking marijuana would have still faced consequences.

Penalties included a $25 fine for anyone in possession of marijuana or paraphernalia, and a $100 fine for anyone caught smoking it.

The court would have been able to suspend the fines and summary violations in lieu of community service.

This story has been updated to reflect new information about the borough manager’s departure.