City Council on Tuesday approved an ordinance giving police leeway to treat possession of small amounts of marijuana more leniently than state law does.

Before doing so, the council amended the measure to change the penalties it imposes.

The result, Councilman Ismail Smith-Wade-El said, is “one of the more nuanced” such ordinances in Pennsylvania.

It allows officers to file a summary charge, similar to a traffic ticket, for possession or use of up to an ounce of marijuana, or possession of paraphernalia.

State law treats possession of small amounts of marijuana as a misdemeanor. Convictions can lead to a permanent criminal record with lifelong effects, barring individuals from educational, housing and job opportunities.

That’s what the council hopes to prevent.

The previous draft version of the ordinance had set penalties of $75 for first and second offenses and $125 for a third, or up to 9 or 12 hours of community service, respectively.

As amended Tuesday, fines for small-amount possession or paraphernalia now stand at $25 for a first or second offense and $50 for a third. The fines for use are set at $75 for the first offense, $100 for the second and $125 for the third.

The rationale, Smith-Wade-El said, is to discourage open use, along the lines of “open container” laws for alcohol.

Maximum community service amounts would drop to 4 hours for possession or 8 hours for use.

The votes on the changes and the ordinance itself were both 6-1, with Councilwoman Janet Diaz casting the “no” vote.

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She told LNP she thinks the new penalties are too lenient, and also that she’s concerned about the potential for police to apply the ordinance in a biased manner.

Indeed, though police will have discretion in filing charges, council members do not want to see “summary offenses in Chestnut Hill and state charges in the southeast,” Smith-Wade-El said.

So, Tuesday’s amendments included a requirement that the police department provide annual statistical reports on the demographics of who is charged. If they are out of line with city demographics, that will need to be explained.

If possible, the council would appreciate an initial report at the six-month mark, Smith-Wade-El said.

Several people spoke against the ordinance at council’s previous meeting Sept. 11. No one did so Tuesday, but there were comments in its favor, including from Randolph Hernandez, a Lancaster city resident and a police officer in York schools.

Hernandez said he smoked marijuana for awhile many years ago, after the death of his mother.

“That doesn’t make me a bad person,” he said. Nevertheless, a misdemeanor conviction would have cost him his chance at a law enforcement career.

Rubi Nicholas, executive director of Lancaster chapter of the pro-legalization group NORML, said City Council did the right thing in passing the ordinance, though she said the “ultimate” right thing would be legalization.

Ordinances typically take effect 20 days after passage.

Editor's Note: This story has been updated to correct the penalties under the ordinance for use of small amounts of marijuana.