Marijuana Not (Quite) Legal

[User]

Voters showed landslide-margin support for decriminalizing possession of small amounts of marijuana, but law enforcement officials say the way to implement the law passed as Question 2 on Tuesday's ballot isn't laid out clearly.

Under the ballot initiative — approved by 65 percent of voters and prevailing in nearly every city and town in the state — those caught possessing an ounce or less of marijuana would be subject to a $100 fine, similar to a speeding ticket, but no jail time.

The new law still needs to be endorsed by the governor's council, which ratifies state election results. It then would take effect in 30 days , likely at the end of this year or early next year, according to the secretary of state's office.

"There's a lot of work that still has to be done to put all this together," said Barnstable County Sheriff James Cummings, an opponent of the measure. "I don't know if the $100 fines are going to add up to whatever it's going to cost to implement it."

The state's district attorneys will meet tomorrow to discuss how to move forward, said Cape and Islands District Attorney Michael O'Keefe, president of the Massachusetts District Attorneys Association and the lead spokesman for the opposition effort.

While there is a Registry of Motor Vehicles to collect speeding ticket fines, "we don't have a registry of dope smokers in Massachusetts, and apparently we're going to have to create one in order to effectuate this statute," he said.

The mechanics elsewhere

In Maine, where possession of an ounce and a quarter or less of marijuana is a civil penalty, fines are assessed and collected through the court system. The statute there calls for a fine of not less than $350 and not more than $600, said Roy McKinney, director of the Maine Drug Enforcement Agency.

In Ohio, those caught with a small amount of marijuana are subject to a $100 fine and the temporary loss of a driver's license, which is likely an even bigger deterrent than the fine, said Bill Williams, coordinator of the Clermont County Drug Unit. They have the option of simply paying the fine through the mail or appearing in court to contest the citation, similar to a speeding ticket, he said.

Massachusetts Attorney General Martha Coakley's office will be working with the state's district attorneys to figure out what the new law requires here, according to a statement from her office.

"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," the statement says.

"At this time, we are reviewing all of the implications of the new law and whether further clarification or guidance is needed."

repeal possible

As with any state law, the Legislature has the right to amend the statute, or even throw it out, secretary of state spokesman Brian McNiff said.

But with the number of votes in its favor, the Committee for Sensible Marijuana Policy, which championed the cause in the state, is confident the law will stand.

"We knew that we had support, but winning 65 percent of the vote is a mandate," committee spokeswoman Whitney Taylor said. "We knew that the people were ahead of the politicians on this and they came out and voted in favor of this smart policy."

While opponents see the measure as a potential gateway to more drug problems, proponents see widespread support of Question 2 as a potential gateway to more deregulation.

Current state law says possession of marijuana is a criminal offense subject to a $500 fine and six months in jail.

Although it may sound small, O'Keefe said an ounce of marijuana is the size of a small loaf of bread and is enough to keep two people stoned for two months.

"We're obviously very disappointed and very concerned about the effects this will have on young people, particularly at-risk kids in our society," he said.

Officials at the Gosnold Treatment Center on Cape Cod were also disappointed, though not surprised by the outcome, believing that supporters of the question overstated the impact a minor drug arrest could have on one's life.

"We're concerned that this normalizes the use of a drug that is very well known to be a gateway drug to other more serious drug use," said Raymond Tamasi Gosnold's chief executive officer. "We will do whatever we can to counter this very ill-advised decision on the part of the citizenry."

Although the committee behind the initiative petition will officially disband, Taylor is in support of a bill filed by state Rep. Frank Smizik, D-Brookline, that would legalize the use of marijuana for medical purposes.

Several towns in the state also voted this week on a non-binding question on the medical marijuana policy. It passed by more than 70 percent in each of the four districts.

The group that floated the medical marijuana questions is headed up by a Cape native. The National Organization for Reform of Marijuana Laws had put out similar feelers about decriminalization of an ounce or less dating back to 1994, and never lost, said Allen St. Pierre, the organization's executive director and a 1983 graduate of Chatham High School.

It's possible there could be a binding initiative on the medical marijuana issue as soon as 2010, St. Pierre said.

"States have the purview to set their drug laws," he said. "What we've seen is over the years that when given the opportunity to vote for decriminalization laws, there's really not much of a precedent for citizens doing anything but that."


News Hawk: User: http://www.420magazine.com/
Source: Cape Cod Times
Author: Stephanie Vosk
Copyright: 2008 Cape Cod Times
Contact: CapeCodTimes.com - CONTACT
Website: CapeCodTimes.com - Marijuana not (quite) legal