A small central Pennsylvania borough on Tuesday night rejected a measure that would have decriminalized possession of small amounts of marijuana.
The North York Borough Council upheld a veto by the mayor, who had opposed the measure from the beginning and last month vetoed it immediately after council had approved the measure.
The measure failed to garner a majority plus one vote on the seven-seat panel, which voted 3-4 to uphold Mayor Nancy Brunk’s veto.
“This has not been taken lightly by me,” the mayor said. “This in my opinion is a gateway drug. It can be used as a stepping stone to other drugs.”
Brunk warned that the community had seen growing cases of marijuana laced with fentanyl.
“I hate to see one of our people end up dying because having it laced with fentanyl,” Brunk said before the vote, urging council to uphold her veto. “At that point it’s on each of the council members..for that death. I’m sorry but if you approved it, yes.”
The ordinance, which previously had gained enough support to pass, would have resulted in anyone in the borough caught with a small amount of marijuana — typically under 30 grams — facing a small fine and avoiding jail.
Under current state law, possession of a small amount of marijuana is a third-degree misdemeanor. The maximum penalty is 30 days in jail and a $500 fine.
Borough council sought to override the veto, but the mayor’s stance seemed to gain traction during a lively pre-vote discussion.
Borough solicitor Walt Tilley outlined that, if passed, the ordinance would give law enforcement officers the option to give summary offenses to offenders, as opposed to charging with a misdemeanor, which stays on record.
Tilley also laid out that state law would still supersede the local ordinance, but the latter, if passed, would give police discretion as to whether to apply the lowered penalties under the proposed measure or stick with state guidance.
He explained that the same issue is playing out with regards to medical marijuana, which while legal in Pennsylvania and other states (in addition to legal recreational use in some states) does not supersede federal law outlawing marijuana.
“This is a complex issue that you are wrestling with,” Tilley said. “If you are confused and torn, it’s understandable because of the complexity.”
Lt. Gregg Anderson, of the Northern York Regional Police Department, reiterated that police would likely abide by state law, regardless of whether the borough were to enact the decriminalization measure.
“We are just following that directive,” Anderson said.
Council for the York County borough of 2,200 needed to have a vote count of majority plus 1: that is 5 affirmative votes to override the mayor’s veto.
To date, 21 states have legalized adult-use cannabis; 10 more have “decriminalized” simple possession, according to the Marijuana Policy Project.
York, Harrisburg, Lancaster and Abbottstown are among the Pennsylvania municipalities that have lifted long-standing statutes against marijuana possession.
Decriminalization of marijuana has strong public support. A Gallup survey in November found that a record seven in 10 respondents support the legalization of marijuana in the U.S. That rate has held fairly steady in recent years.
Lawmakers in Pennsylvania have tried for years to legalize the recreational use of marijuana — a proposal that has increasingly garnered growing support but not the critical threshold needed to change the statute.
Gov. Josh Shapiro has called on the Legislature to legalize recreational marijuana. Such a measure is poised to generate billions for the Commonwealth in tax revenue.
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