COUNTY OF ALLEGHENY

OFFICE OF THE DISTRICT ATTORNEY

STEPHEN A. ZAPPALA, JR.

DISTRICT ATTORNEY

303 COURTHOUSE
PITTSBURGH, PENNSYLVANIA 15219-2489
PHONE (412)350-4400

FAX (412) 350-4414

November 13, 2015

Pittsburgh Police Chief Cameron McLay

1203 Western Avenue
Pittsburgh, PA 15233
RE: Regulation of Individual Conduct - Small Amount of Marijuana Possession
Chief McLay,
Please excuse the lateness of this notice.
I preface this correspondence with the fact that the responsibilities of my office require that I
enforce the laws of this Commonwealth as written, or as interpreted by our Courts.
I am writing following a conversation I had with some well-respected members of our
community - the directors of the Bloomfield/Garfield Corporation. The directors were
primarily advocating on behalf of younger persons whose future(s) are adversely affected by
arrests for possession of small amounts of marijuana.
They provided a city of Philadelphia ordinance, (attached) which creates a civil procedure for
addressing "small amounts". Although the legal authority of the city of Philadelphia to pass
such legislation is questionable, the ordinance has been in effect since October of 2014. The
attached news article describes the practical effect of the legislation on the citizens of
Philadelphia.
By statute, this office has the authority to divert, reduce to a summary offense or withdraw the
charge for possession of a "small amount of marijuana" (less than 30 grams) upon completion
of participation in a program, and typically does. The result as a practical matter is the same as
contemplated by the Philadelphia legislation. The difference is the arrest for a criminal
violation results in a record of a criminal arrest and even if reduced to a summary offense,
expungement of this record can only be had after a period of 5 years.

~8

You have made it clear to me that addressing violent crime is of primary concern to your
department,

and that all possible assets should be directed to addressing this concern.

Addressing "small amounts" as a civil matter with fines in Philadelphia has reduced the 4,000
arrests annually for this offense by 73%, thus diverting limited assets to addressing other types
of crimes.
With all due respect to our State legislature, I recognize that the Mayor and Council were
elected to represent the specific interests of the people of Pittsburgh, but I ask that you keep in
mind the most fundamental responsibilities I have.
In this regard, if the Mayor and City Council, after discussion with the residents of our city
through public hearings would adopt the type of legislation used in Philadelphia, my office
would work with you to try to accomplish what the Mayor and City Council would like to see
done.

Cc:

Mayor Bill Peduto

Mayor's Chief of Staff, Kevin Acklin
Members of Pittsburgh City Council
Aggie Brose, Bloomfield/Garfield Corporation