Easton Councilman Frank Pintabone is proposing to make possession of small amounts of marijuana akin to a traffic ticket.
Under Pintabone’s proposal, possessing a small amount of marijuana would no longer be a misdemeanor in the City of Easton. Instead, it would be treated as a summary offense.
Currently, when someone is caught with a small amount of marijuana, they receive a $25 fine and the offense remains on their record as a drug conviction. Pintabone said this could negatively impact future employment, housing, and licensing opportunities.
In his proposal, 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.
He said raising the fines would act as a deterrent, preventing residents from committing the crime.
Pintabone said his proposal does not legalize marijuana, but addresses the impacts marijuana convictions have on vulnerable populations. He said that despite similar rates of marijuana use across racial groups, people of color are arrested for marijuana-related offenses at four times the rate of white people.
“The goal is to make the punishment equitable for everyone,” Pintabone explained.
Pintabone’s research found that 17 municipalities in Pennsylvania, including Allentown, Lancaster and Pittsburgh, have already decriminalized marijuana. In these areas, marijuana possession is treated as a summary offense with minimal consequences.
Based on a January 2025 poll sampling 1,129 residents, 85% of Democrats, 62% of independents, and 53% of Republicans are in favor of decriminalizing marijuana in Pennsylvania.
Councilwoman Taiba Sultana praised Pintabone for his work on the proposal, saying this should have been done “years ago.”
“It’s really hurting our community, and it will help out our officers. It will be quick — give a ticket and let it go,” she said. “There is much worse crime. It shouldn’t be a crime anyway.”
Councilman James Edinger also expressed his support.
“I see it more as the ability to intervene and without completely screwing up some kids,” he said.
Easton Police Chief Carl Scalzo voiced his concerns over the proposal. He said the introduction of a local policy that contradicts state law could create confusion for police officers and lead to inconsistent enforcement.
“We have ordinances, and ordinances are typically utilized to address areas and communities such as ours that aren’t addressed under federal or state statute,” Scalzo said. “But in this instance, that’s not what this is. This is actually something that’s already addressed under state statute. If we want to change something in the state of Pennsylvania that’s already addressed in law, then that argument should be made, and then go through that process of changing that law.”
Easton Solicitor Jeremy Clark said it comes down to preemption. Local municipalities derive their authority from the state and cannot legislate on issues that have been preempted by state law.
Clark said there are two types of preemption: express and implied. The key factor in determining whether a local ordinance conflicts with state law is whether the law is applied uniformly across the state, according to Clark.
“If we were the first municipality to pass this, I would say this is probably a problem,” he said. “But given the fact that all the municipalities that Councilman Pintabone has listed have already passed similar legislation, a very good argument can be made.”
Councilman Rodger Ruggles said he will not support the proposal if it defies state law.
Northampton County District Attorney Stephen Baratta told lehighvalleylive.com that he met with Pintabone to discuss the proposal. Baratta noted that Bethlehem has had a similar ordinance in place for many years, allowing marijuana possession to be charged as a citation.
“I respect the authority of the City of Bethlehem to pass such a local ordinance, and I also have respected the charging decisions made by the Bethlehem Police Department with regard to these offenses,” Baratta said. “I would expect that we will extend the same courtesy to the City of Easton.”
Baratta further explained that his office generally does not become involved in police charging decisions for low-level offenses, particularly those with no direct victim.
“We recognize that the collateral consequences involved with this charge, which can include a bar to employment and educational loans, can have an impact on our youth and low-income defendants,” he said.
While marijuana possession remains illegal, he stressed that it is not a high priority when it comes to protecting the community.
Scalzo also raised concerns about the administrative challenges of enforcing such an ordinance. Testing marijuana for evidence, for example, would likely require expensive partnerships with private entities, which could cost up to $350 per test.
“It’s my belief that we could basically be offering a beacon to everybody out there who wants to come to our community and thinks now Easton is a weed-friendly city,” he said.
The proposal was introduced at a recent council meeting, and it is expected to be voted on next week.
Chelsea Kun can be reached at ckun@lehighvalleylive.com. Follow her on Instagram at @chelsealehighvalley.
City Council members and Easton police all weighed in on the proposal recently. Read More
