Forest Order 09-19-17-21 Controlled Substances

Under the authority of the Act of Congress dated June 4, 1897, as amended (16 USC 551) and the Secretary of Agriculture's regulation 36 CFR 261.50 (a) and (b), the following acts are prohibited on the Allegheny National Forest located within Warren, Forest, Elk and McKean Counties, in the Commonwealth of Pennsylvania: 

Pursuant to 36 CFR, section 261.53 ( e ), the following acts are prohibited on the Allegheny National Forest: 

Possessing, utilizing, and/or distributing any controlled substance ( as defined by Title 21 of the United States Code, Chapter 13, Subchapter I, Part B, Section 812 and/or the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act as defined in P.L. 223 Number 64) and / or any associated paraphernalia. [36 CFR261.53 (e)]

THIS RESTRICITION IS NECESSARY TO PROTECT PUBLIC HEALTI-1 AND SAFETY AS WELL AS FOREST SERVICE PROPERTY AND RESOURCES. THEY ARE IN ADDITION TO THE GENERAL PROHIBITIONS SET FORTH IN 36 CFRPART 261. THE PROHIBITIONS WILL BE IN EFFECT FROM THE DA TE OF THIS ORDER UNTIL SPECIFICALLY WITHDRAWN BY TERMINATION ORDER OF THE FOREST SUPERVISOR. 

Violation of these prohibitions is punishable by a fine of not more than $5000.00 for an individual or $10,000.00 for an organization, or imprisonment for not more than six (6) months, or both (16 U.S.C. 551, 18 U.S.C. 3559 and 3571). 

Public Notice

1. Copies of the approved order and attachments shall be made available to the public at all District Ranger Stations as well as the office of the Forest Supervisor.
2. Contents of the order shall be posted on the forest website.

Enforcement

1. Enforcement of this closure order shall be limited to Law Enforcement Officers and Special Agents. Forest Protection Officers observing a violation of this order shall notify USFS or local law enforcement personnel.
2. All violations of the closure order shall be documented using appropriate law enforcement forms.
3. Officers shall use appropriate discretion in the issuance of warnings and violation notices.

Statement of Need

The purpose of this order is to provide law enforcement officers with the legal tools needed to deal with a growing problem of narcotics use on National Forest lands.  This order is intended to address those simple possession cases often encountered during routine patrol operations and is not intended to replace existing federal and state laws such as Title 21 of the United States Code and/or Title of the Pennsylvania Code.  This order is an update to an existing order from 2008.