BOSTON – A Cape Cod lawmaker has filed legislation to tighten the state's voter-approved law that decriminalized possession of small amounts of marijuana.
The ballot question, which passed in November, knocked possession of one ounce or less of pot down from a criminal offense to a civil violation that is subject to a $100 fine. The law took effect Jan. 2.
Rep. Cleon Turner, D-Dennis, is proposing to make the failure to pay three marijuana citations in a 12-month period a misdemeanor criminal offense, with a maximum penalty of six months in jail and a $1,000 fine. He is also proposing a state law to give schools, employers and managers of public buildings the right to ban pot on their grounds.
The state has already issued legal opinions saying schools and employers can ban pot under current law. The Department of Education issued an opinion earlier this year that schools can continue to suspend or discipline students for possessing marijuana on school grounds.
Rep. Turner said the state's opinions may not be enough to prevent a lawsuit.
"If this makes it clear, if this prevents one school district from getting sued by a student who gets suspended, then it's worth the legislation," Rep. Turner said. "They can suspend someone for having alcohol on school grounds, so why can't they suspend someone if they want to for having marijuana on school grounds?"
He said the creation of a misdemeanor offense for failure to pay three marijuana citations in one year was in response to complaints from police chiefs. "They say the civil penalty is a joke because there is no way to collect it if someone just doesn't want to pay," Rep. Turner said.
Rep. Turner, a former police officer, opposed the marijuana question, as did Gov. Deval Patrick, Attorney General Martha Coakley and leaders in the state's law enforcement community. Now that the voters have spoken, Rep. Turner said he would not support a legislative repeal of the law.
"It's clarification, essentially," he said of his two bills. "Neither of them changes the intent of the ballot question."
Dan Bernath of the Marijuana Policy Project in Washington, D.C., didn't object to Rep. Turner's two bills, but questioned the timing.
"For the most part, from what I understand, they go along with the intent of the law, especially as it is interpreted by the public safety office," Mr. Bernath said. "I don't see anything inherently wrong with either of the proposals he's made. I would say it would be premature. The Legislature should take a step back and see how the law works as written and see if it's really necessary to change the law."
Rep. Turner's bills were just being released for co-sponsors to sign. Terrel Harris, a spokesman for the Executive Office of Public Safety, was not familiar with Rep. Turner's legislation and could not comment on it.
"We are monitoring the implementation and how it's going across the state," Mr. Harris said of the law.
Question 2, which had heavy backing from billionaire activist George Soros, won the support of 65 percent of the voters in November. It also mandates drug awareness programs for offenders who are under 18. The ballot question made Massachusetts the 12th state to decriminalize possession of small amounts of marijuana.
The state issued guidelines earlier this month that urged cities and towns to enact local ordinances banning the public use of marijuana.
News Hawk: MsRedEye: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: SouthCoastToday.com
Author: David Kibbe
Copyright: 1995-2009 South Coast Media Group
Contact: SouthCoastToday.com - Contact Us - Your link to SouthCoast Massachusetts and beyond
Website: SouthCoastToday.com: Cape lawmaker looks to tweak marijuana law
The ballot question, which passed in November, knocked possession of one ounce or less of pot down from a criminal offense to a civil violation that is subject to a $100 fine. The law took effect Jan. 2.
Rep. Cleon Turner, D-Dennis, is proposing to make the failure to pay three marijuana citations in a 12-month period a misdemeanor criminal offense, with a maximum penalty of six months in jail and a $1,000 fine. He is also proposing a state law to give schools, employers and managers of public buildings the right to ban pot on their grounds.
The state has already issued legal opinions saying schools and employers can ban pot under current law. The Department of Education issued an opinion earlier this year that schools can continue to suspend or discipline students for possessing marijuana on school grounds.
Rep. Turner said the state's opinions may not be enough to prevent a lawsuit.
"If this makes it clear, if this prevents one school district from getting sued by a student who gets suspended, then it's worth the legislation," Rep. Turner said. "They can suspend someone for having alcohol on school grounds, so why can't they suspend someone if they want to for having marijuana on school grounds?"
He said the creation of a misdemeanor offense for failure to pay three marijuana citations in one year was in response to complaints from police chiefs. "They say the civil penalty is a joke because there is no way to collect it if someone just doesn't want to pay," Rep. Turner said.
Rep. Turner, a former police officer, opposed the marijuana question, as did Gov. Deval Patrick, Attorney General Martha Coakley and leaders in the state's law enforcement community. Now that the voters have spoken, Rep. Turner said he would not support a legislative repeal of the law.
"It's clarification, essentially," he said of his two bills. "Neither of them changes the intent of the ballot question."
Dan Bernath of the Marijuana Policy Project in Washington, D.C., didn't object to Rep. Turner's two bills, but questioned the timing.
"For the most part, from what I understand, they go along with the intent of the law, especially as it is interpreted by the public safety office," Mr. Bernath said. "I don't see anything inherently wrong with either of the proposals he's made. I would say it would be premature. The Legislature should take a step back and see how the law works as written and see if it's really necessary to change the law."
Rep. Turner's bills were just being released for co-sponsors to sign. Terrel Harris, a spokesman for the Executive Office of Public Safety, was not familiar with Rep. Turner's legislation and could not comment on it.
"We are monitoring the implementation and how it's going across the state," Mr. Harris said of the law.
Question 2, which had heavy backing from billionaire activist George Soros, won the support of 65 percent of the voters in November. It also mandates drug awareness programs for offenders who are under 18. The ballot question made Massachusetts the 12th state to decriminalize possession of small amounts of marijuana.
The state issued guidelines earlier this month that urged cities and towns to enact local ordinances banning the public use of marijuana.
News Hawk: MsRedEye: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: SouthCoastToday.com
Author: David Kibbe
Copyright: 1995-2009 South Coast Media Group
Contact: SouthCoastToday.com - Contact Us - Your link to SouthCoast Massachusetts and beyond
Website: SouthCoastToday.com: Cape lawmaker looks to tweak marijuana law
