Reading City Council is expected to vote Monday on a proposed ordinance that would decriminalize possession of a small amount of marijuana.

Introduced July 14 by Councilman Jaime Baez Jr., the proposal would amend the city code to make possession of under 30 grams of marijuana a civil offense rather than a criminal one.

Marijuana Use and Possession Draft Ordinance

Council members discussed the proposal in depth at two recent committee of the whole meetings.

The proposed ordinance does not promote marijuana use, Councilwoman Melissa Ventura stressed.

“I really want to be clear on that because it’s about making sure people, especially young people, aren’t burdened with a criminal record for having a small amount and having to jump through hoops in order to remove it from their record,” she said.

If passed, the ordinance would impose a civil penalty of $25 for a first or second offense, and $30 for a third or subsequent offense.

In lieu of fines, juvenile offenders would be referred to appropriate youth programs or services.

Council President Donna Reed noted she introduced a similar ordinance in 2017 that was approved by four members of council but vetoed by then-Mayor Wally Scott.

She asked city managing director Jack Gombach for assurance of Mayor Eddie Moran’s support.

Should council approve the measure, the mayor plans to sign the ordinance, Gombach said. The bill also has the support of the city administration and police department, he noted.

The process of bringing the ordinance to vote has been slightly more rushed than the administration would like, he acknowledged, explaining not all the stakeholders have been at the table yet, including Berks County District Attorney John Adams.

Adams has said he opposes the measure, citing legal, operational and policy concerns.

“To have a different standard in the city of Reading would just bring confusion to the process,” he said.

Reading City Council calls on PA for marijuana reform

Adams also said the ordinance would undercut a marijuana diversion program already in place countywide that provides education through the Council on Chemical Abuse. Upon successful completion of the program, he said, the individual’s charges are dismissed and their record is expunged.

In a recent discussion, Baez called the diversion program unjust.

“If the initial charge is still triggering an arrest, court dates, missed work, legal fees and long-term trauma, it’s a bureaucratic Band-Aid. It’s not a solution,” he said. “So let’s be real. Access to that diversion program is not equal, right? If you’re poor, you can’t pay for it. If you don’t speak English well or if you don’t have transportation, that educational opportunity becomes punishment.”

Classifying possession of small amounts of marijuana as a civil, rather than criminal, offence would prevent that burden, Baez said.

Gombach said he believes the ordinance could work with the existing diversion program.

Some of the district attorney’s concerns, he said, could be worked out at the policy level.

“It comes down to the technical details,” he said, “and we can only get clarity on that when we’re discussing it with the DA at the table.”

Adams has also said the ordinance, if passed, could potentially jeopardize funding his office provides to the Reading Police Department.

But Gombach is confident that, too, could be worked out.

“As you know, we have a great relationship with our district attorney,” he told council. “I think our crime numbers speak to that relationship: Six consecutive months of crime reduction in partnership with the DA, and while we do receive significant funding, we’ll have to figure it out.”

The managing director said decriminalization of marijuana has worked successfully in municipalities throughout the country, including in Tampa, Fla., where Police Chief Elias Vazquez previously served as assistant chief.

Councilman O. Christopher Miller expressed concerns that council was only hearing one side of the argument.

“In order to make an educated decision,” he said, “I would really like to postpone this, to hear from everybody involved, all opinions to be able to make a decision.”

Gombach said several stakeholders are expected to address council during Monday’s committee of the whole meeting. These could potentially include representatives of the district attorney’s office, the city police department, the Council on Chemical Abuse of Berks County and nearby municipalities that have passed similar legislation, he said.

City residents may comment at council’s regular meeting Monday.

To comment residents should register by calling the city clerk’s office at 610-655-6205 or emailing council@readingpa.gov by noon Monday.

Written comments must be emailed to council@readingpa.gov by 4 p.m. Monday.