Medway May Stiffen Pot Penalties

[Ganjarden]

In response to a new state law decriminalizing small amounts of marijuana, the Police Department plans to submit a proposal for the Feb. 24 special Town Meeting to stiffen penalties for smoking or having it.

Police Chief Allen M. Tingley told selectmen this week the warrant article would allow officers to arrest people again for smoking marijuana in public in town and raise the fines above what the state law allows.

Other towns in Massachusetts are considering similar steps, after voters approved a ballot question last November that made possession of no more than an ounce of marijuana a civil, rather than criminal, offense.

A. Wayne Sampson, Massachusetts Chiefs of Police Association executive director, said Wednesday many towns are considering stiffening penalties because part of the law says towns are not prohibited from creating their own bylaws regulating marijuana's public consumption and use.

"The law approved by the voters in November specifically states that local communities are allowed to pass a local bylaw in effect changing the guidelines of the state law," Sampson said. He added he expects there will be many similar articles on annual Town Meeting warrants come spring.

The state attorney general's office has created a template for a new bylaw towns can enact, similar to the one Tingley discussed.

Tingley said in an interview four of the five citations Medway officers have written since the law took effect earlier this month were to juveniles. He said it appears teenagers would "rather be caught with marijuana because there's a $100 fine" and civil citation, compared to the criminal charges of alcohol possession.

"Under this new law, it makes it almost better to be in possession of marijuana than alcohol," he said.

In addition to allowing officers to arrest people for smoking marijuana in public, the proposal would increase the fine by $100, with a cap of $300, each time repeat offenders are cited for possession, Tingley said. The state law voters approved keeps the fine at $100. He and the town's attorney are still working on the proposal's details.

Locally, Milford officials also plan to have a Town Meeting article similar to the one Medway is considering. Framingham's Board of Health established escalating fines this week for people who smoke marijuana in public and for the owner of the place where they smoke it.

Some selectmen said at their meeting Monday they support raising the fines for repeat offenders, though they have not yet formally discussed the articles for the Feb. 24 Town Meeting.

In November, 68 percent of Medway voters approved decriminalizing less than an ounce of marijuana. Turnout, however, was significantly higher because of the presidential election, compared to that of a regular Town Meeting.

A majority of law authorities statewide opposed the ballot question's passage.


News Hawk- Ganjarden http://www.420Magazine.com
Source: Wicked Local Medway
Author: Aaron Wasserman
Contact: Wicked Local Medway
Copyright: 2009 GateHouse Media, Inc.
Website: Medway May Stiffen Pot Penalties

[Soniq420]

In response to a new state law decriminalizing small amounts of marijuana, the Police Department plans to submit a proposal for the Feb. 24 special Town Meeting to stiffen penalties for smoking or having it.

I don't think it'll pass muster with the court to change the penalty for possession. I believe this was specifically prohibited by the new state law.

Unfortunately I do think they can try to raise the "smoking in public" penalty.

Makes you wonder, are they having a rash of public smoking problems in Boston. Is this the big issue that's wreaking such havoc that LEO needs to submit a proposal to change the law.

"Under this new law, it makes it almost better to be in possession of marijuana than alcohol," he said.

Sounds about right to me

In November, 68 percent of Medway voters approved decriminalizing less than an ounce of marijuana.

You have to wonder just how much more of a landslide it would have had to be in order for the message to get through to the politicos