Decriminalization of small amounts of marijuana possessed for personal use, and possibly of paraphernalia used to smoke marijuana, was the prime topic during the monthly work session of Indiana Borough Council Tuesday night.
Indiana Borough Solicitor Patrick Dougherty told council he has a draft of a possible ordinance that would decriminalize small amounts of marijuana in the borough, “except for the fee structures.”
However, as Dougherty conceded, “there is a lot of unknown as to what this body wants” in such an ordinance.
“I don’t know what you want,” he told council. “I don’t know if you know what you want.”
Meanwhile, Dougherty also is looking at decriminalization ordinances from other locales. Fifteen other Pennsylvania municipalities now have such ordinances.
And others are weighing in on the subject. Indiana County District Attorney Robert F. Manzi Jr. wants council “to take time before enacting” an ordinance “to consider all of the collateral consequences.”
Manzi addressed his concerns in a Feb. 4 letter read by Council President Dr. Peter Broad.
“The local news reported that the purpose of such an ordinance would be to reduce the impact on residents having misdemeanors, being supervised by our probation department, serving prison time, paying massive fines, reducing the engagement in our criminal justice system, and to reduce penalties for medicinal use of marijuana as well as recreational use of marijuana,” Manzi wrote.
Since council authorized Dougherty to draw up a draft ordinance on Jan. 18, Manzi said, “I have reached out to many members of our criminal justice system and could not find any contact by the Indiana Borough Council to the stakeholders in our criminal justice system prior to requesting such an ordinance be drafted.”
In his role “as the chief law enforcement officer in the county,” Manzi wrote, “I believe it is incumbent on borough council to take time before enacting such an ordinance to consider all of the collateral consequences.”
Dougherty apparently has, telling council there are many who cannot use marijuana, such as truckers with commercial drivers’ licenses, and many places where marijuana could not be smoked.
“I don’t think it impacts the drug-free zones,” the borough solicitor said.
Broad said he had talked to the superintendent and members of the Indiana Area School District’s board of directors.
“Most people are misinformed about what we are presenting,” the council president said.
Councilwoman Tamara Collazzo said she had talked to a wide variety of area residents, including state troopers, those involved in drug and alcohol rehabilitation, two physicians, three recovering addicts, 10 teachers, four employees at Indiana Regional Medical Center, and paramedics, Indiana University of Pennsylvania students, human resource employees and various representatives of the county court system.
“I told people to get involved,” Collazzo said, telling her colleagues she didn’t just go out and talk to people at random.
The people she contacted included two judges, Collazzo said, “unable to go on the record.”
In response to a question from Councilman Luke DeBuyser about whether there was a timetable, Dougherty said, “we need input.”
Council Community Development Committee Chairman Ben Ford said it would be useful to hear from the district attorney.
“It would be very important to talk with him,” Council Public Works Committee Chairman Gerald Smith said.
Broad said he would contact Manzi about attending a future work session.
Councilman Joshua Kratsa wondered if there was anyone else that should be invited.
Broad noted at least one limitation: “State police cannot enforce local ordinances.”
There were no motions considered Tuesday night. Work session possibilities under “old business” included municipal reapportionment, which wasn’t discussed but likely will be by council’s Administration Committee; and the proposed Local Economic Revitalization Tax Assistance or LERTA ordinance, for which Ford has received action from the Indiana Area school board.
Dougherty said he has talked to his counterpart with the Indiana County Board of Commissioners, Solicitor Matthew Budash, while borough Manager Nichole Sipos said she has talked with Indiana County Tax Assessment Manager Frank E. Sisko Jr.
A LERTA ordinance would affect the borough as well as county and school property taxes collected in the borough.
Mayor William B. Simmons said he has been meeting with different organizations, and that he and Police Chief Justin Schawl talked last week with state Rep. Jim Struzzi, R-Indiana, and the White Township Board of Supervisors.
