Area voters boost case for easing drug laws

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For the third election in a row, voters north of Boston have said yes to decriminalizing marijuana, at least on a nonbinding election question.

Stephen Epstein, a Georgetown resident and one of the founders of the Massachusetts Cannabis Reform Coalition, said that last week's election results will push the state closer to passing binding legislation that changes the penalties for those caught with the drug.

''We're gaining a little bit each election cycle," Epstein said. ''With each election, we get more momentum."

Epstein, a lawyer who also serves on the Georgetown Zoning Board of Appeals, has brought nonbinding questions involving the decriminalization of marijuana to most of the voters in Essex County in the past three elections.

This year, the second and third Essex districts were asked whether they want their state senators to ''introduce and vote for legislation that would make possession of marijuana a civil violation like a traffic ticket and requiring police to hold a person under the age of 18 until released to a parent, legal guardian or brought before a judge."

Both districts overwhelmingly said yes.

In the Second Essex District, which includes Danvers, Peabody, Salem, Topsfield, and Beverly, the question passed with 45,881 votes to 26,570. In the Third Essex and Middlesex District, which includes Saugus, Marblehead, Swampscott, Melrose, Lynn, and Nahant, voters passed the question with 36,983 votes to 19,197.

For Epstein, who organizes the annual Freedom Rally on Boston Common each year, numbers are generally in his favor. His challenge has been persuading legislators to support his cause. Lawmakers have been reluctant to support legislation that makes possession of marijuana a less serious offense, he said.

Two years ago, Epstein boasted that his marijuana question had received more votes than state Representative Barbara L'Italien, a Democrat who represents parts of Haverhill and Georgetown and was just elected to serve a second term. He questioned why L'Italien opposed his idea for legislation when her voters supported it.

L'Italien said after last week's election that even though her communities have supported Epstein's questions and even though she has filed legislation on Epstein's behalf, she remains opposed to the idea of decriminalization.

''I still feel that it's the wrong way to go," she said, calling marijuana a ''gateway drug."

L'Italien said she believes that many voters have supported Epstein's ballot question because they know it is nonbinding.

''If that were binding don't you think people would ask more questions?" she asked.

Epstein's movement has caused some legislators to reconsider their options and to question whether their constituents want them to vote for a change. State Senator Frederick E. Berry, a Democrat, said that while he has not decided to support Epstein's mission, he will not ignore those in his district who supported the ballot question on Tuesday. Berry represents Peabody, Salem, Danvers, and Topsfield.

He said he is interested in considering what changes might help the legal system.

''I think we have to be realistic," Berry said. ''Putting people in jail doesn't cure the problem."

Berry said, however, that he will not support Epstein's question simply because of the election numbers.

''I don't like government by referendum," he said.

L'Italien said that one of the reasons she is hesitant to support legislation is because police chiefs in her communities do not support making marijuana possession a less serious offense. Two years ago, the only police chief in the area who had come forward in support of similar initiatives was from Boxford.

In Salem, the decriminalization question passed last week with a vote of 10,810 to 5,341. The results did not change the mind of Captain Paul Tucker, who said his department opposes a change in marijuana laws. He said he believes that if the penalties decreased for marijuana possession, more young people would use the drug.

''I guess I am surprised at the overwhelming nature of the vote," he said. ''But that doesn't change my personal opinion."

Epstein also brought questions to other areas of the state with similar success.

In Pittsfield, voters approved a ballot question asking for legislation that legalized marijuana for medical use with 10,821 votes to 4,139.

Voters in Cambridge, Arling-ton, and Belmont passed the same nonbinding question with 14,676 votes to 4,588. Voters in Scituate, Hull, Cohasset, and Hingham voted on the decriminalization question, passing it with 15,186 votes to 6,949.

Epstein said he is optimistic about legislation filed by state Senator Joan Menard, a Somerset Democrat, that aims to decriminalize marijuana.

He said he planned to call legislators who represent communities north of Boston to see whether the recent election results will change their opinions about his cause.

''You might do better," Epstein said to the politicians who have not come out to support his mission. ''You might even win."


Globe Newspaper
Meredith Goldstein
November 7, 2004
© Copyright 2004 Globe Newspaper Company.
Area voters boost case for easing drug laws
 
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