Pa. city decriminalizes marijuana use for adults

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After months of debate, marijuana usage will no longer be a misdemeanor in Easton.

A new ordinance, brought forth by Councilman Frank Pintabone and passed in a 4-3 vote at Tuesday night’s city council meeting, will treat possession of a small amount of marijuana as a summary offense rather than a misdemeanor. The offense would also not exist on the individual’s criminal record.

Pintabone said this would make the punishment fair and equitable, and it would not prevent individuals from housing or employment opportunities.

According to the ordinance, if someone is caught with a small amount of marijuana, the fine would be $25 for the first offense, $35 for the second offense, and $45 for the third.

Should someone be caught smoking it, the fine would be $150 for the first offense, $250 for the second and $300 for the third. After the third offense, it would move up to the Northampton County Court.

Under Pennsylvania law, when someone is caught with a small amount of marijuana (less than 30 grams of marijuana or 8 grams of hashish), they face a misdemeanor charge. Upon conviction, the penalty is a fine of up to $500 and/or 30 days in jail.

Additionally, the conviction remains on their record.

Council members Taiba Sultana, Crystal Rose, James Edinger and Pintabone voted “yes.”

Mayor Sal Panto Jr., Vice Mayor Ken Brown and Councilman Roger Ruggles voted “no.” All three have remained opposed to the ordinance due to its contradiction of state law.

City council first voted on the ordinance in March, but it failed to pass with a 3-3 vote and one abstention by Sultana.

Seven members of the community came to speak in support and opposition of the ordinance. Those in support were often met with applause.

Julie Zando-Dennis said, echoing research that Pintabone presented this year, that people of color are four times more likely than white people to be arrested for marijuana-related offenses.

She said this violates the Pennsylvania Constitution, Article One, Section 26, which states “Neither the Commonwealth nor any political subdivision thereof shall deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right.”

“Marijuana convictions often lead to fines, job loss, housing instability and barriers to education, consequences that disproportionately affect low income and minority individuals,” she said.

Resident Brad Scott said decriminalization and legalization are occurring around the country.

“This conversation is not about personal use; it’s about justice and it’s about equity. It’s about how our systems affect the lives of our residents, especially young people and communities of color,” Scott said.

Nicholas Martens encouraged council to vote in support of the ordinance, especially urging Sultana to support it after she abstained in her March vote.

“You have the chance to be on the right side of history tonight,” Martens said.

Melody Rogers spoke against the ordinance, detailing unpleasant experiences with public marijuana smoking. One example occurred, she said, when two individuals walked by her and her young granddaughter smoking marijuana.

“I think it’s rude. I don’t think people should be doing it in public. You can do it in the privacy of your own house. You can do it in your car. You can do it at your friend’s house,” she said.

Easton police Chief Carl Scalzo Jr., who has previously spoken against the ordinance, reiterated his concerns that this ordinance contradicts state law and would create confusion in the police department.

He explained that marijuana possession implies someone has sold it, which can lead to drug dealing, territorial disputes, and potential violence.

“I’m not trying to rain on everybody’s parade,” Scalzo said. “I’m just trying to explain, from my experience, what I think is the best thing for the city.”

He stated he would work to understand how to implement the ordinance in a way that is uniform and does not disparage any individual or group in the city.

The ordinance will take effect 30 days after its June 11 adoption.