State Scrambling to Adapt to Marijuana Initiative

[Ganjarden]

A day after voters approved a ballot question decriminalizing possession of small amounts of marijuana, top law enforcement officials were scrambling to figure out what they needed to do to put the law into effect despite their efforts to defeat it at the polls.

Gov. Deval Patrick, who opposed the question, said he has ordered his public safety secretary to work with the state attorney general and district attorneys to look at any steps the state needed to take to adapt to the new law.

"The voters have voted," Patrick said Wednesday.

Attorney General Martha Coakley, who also opposed the question along with all 11 of the state’s district attorneys, said she’s working to determine exactly what the ballot question requires.

"Question 2’s passage not only authorizes the decriminalization of small amounts of marijuana, but also establishes a parallel civil regulatory structure that does not currently exist," Coakley said in a written statement. "At this time, we are reviewing all of the implications of the new law and whether further clarification or guidance is needed."

Under the state constitution, a ballot question that is approved by voters becomes law 30 days after an election.

The courts have defined the end of an election to be the date on which the Governor’s Council certifies voting results. That typically happens during the last week of November or the first week of December.

The ballot question becomes law 30 days after that — sometime around the new year.

Until then, Coakley warned that marijuana possession will still be considered a crime.

Currently, possession of small amounts of marijuana in the state is punishable by up to 6 months in jail and a $500 fine.

Once the new law takes effect, those caught with an ounce or less of pot will face a civil offense punishable by a $100 fine. They will also have to give up the marijuana. Anyone under 18 will also have to give up the drug, but will face a stiffer, $1,000 fine unless they complete a drug awareness program.

Thomas Kiley, a lawyer representing the Committee for Sensible Marijuana Policy, which pushed the question, said the two months will give the state time to make the adjustments needed to conform to the new law, including the creation of new drug awareness programs by the Department of Youth Services.

Police officers’ civil citation books can also updated if needed to reflect the change, he said.

"Once the people have spoken and expressed their desire for a specific kind of law there must be full implementation by the state," Kiley said.

Supporters of the ballot question said the new law will spare thousands from having a criminal record, which can make it harder to get a job, student loan or gain access to public housing.

They also argued the question would save taxpayers $30 million in costs associated with marijuana arrests.

But opponents, led by the district attorneys, had warned the measure could lead to more drug abuse among young people. They said marijuana is a gateway to harder drugs and said the marijuana available on the streets today is more potent than pot three decades ago.

They also argued that existing state law requires judges to dismiss charges and seal records for first-time offenders.

The win makes Massachusetts the 12th state in the country to decriminalize possession of small amounts of marijuana. The measure passed with 65 percent of voters supporting it and 35 percent opposed.


News Hawk- Ganjarden http://www.420Magazine.com
Source: Boston Herald
Contact: Boston Herald
Copyright: 2008 Boston Herald and Herald Media
Website: State Scrambling to Adapt to Marijuana Initiative