COUNTY OF ALLEGHENYOFFICE OF THE DISTRICT ATTORNEY

STEPHEN A. ZAPPALA, JR.DISTRICT ATTORNEY

303 COURTHOUSEPITTSBURGH, PENNSYLVANIA 15219-2489

PHONE (412)350-4400 • FAX (412) 350-4414

November 13, 2015

Pittsburgh Police Chief Cameron McLay1203 Western AvenuePittsburgh, PA 15233

RE: Regulation of Individual Conduct - Small Amount of Marijuana Possession

Please excuse the lateness of this notice.

Chief McLay,

I preface this correspondence with the fact that the responsibilities of my office require that Ienforce 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 ourcommunity - the directors of the Bloomfield/Garfield Corporation. The directors wereprimarily advocating on behalf of younger persons whose future(s) are adversely affected byarrests for possession of small amounts of marijuana.

They provided a city of Philadelphia ordinance, (attached) which creates a civil procedure foraddressing "small amounts". Although the legal authority of the city of Philadelphia to passsuch legislation is questionable, the ordinance has been in effect since October of 2014. Theattached news article describes the practical effect of the legislation on the citizens ofPhiladelphia.

By statute, this office has the authority to divert, reduce to a summary offense or withdraw thecharge for possession of a "small amount of marijuana" (less than 30 grams) upon completionof participation in a program, and typically does. The result as a practical matter is the same ascontemplated by the Philadelphia legislation. The difference is the arrest for a criminalviolation 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.

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You have made it clear to me that addressing violent crime is of primary concern to yourdepartment, 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 4,000arrests annually for this offense by 73%, thus diverting limited assets to addressing other typesof crimes.

With all due respect to our State legislature, I recognize that the Mayor and Council wereelected to represent the specific interests of the people of Pittsburgh, but I ask that you keep inmind the most fundamental responsibilities I have.

In this regard, if the Mayor and City Council, after discussion with the residents of our citythrough public hearings would adopt the type of legislation used in Philadelphia, my officewould work with you to try to accomplish what the Mayor and City Council would like to seedone.

Cc: Mayor Bill PedutoMayor's Chief of Staff, Kevin AcklinMembers of Pittsburgh City CouncilAggie Brose, Bloomfield/Garfield Corporation