Hampden County D.A. to Drop All Small Marijuana Possession Charges

A day after voters overwhelmingly approved a ballot question to decriminalize marijuana, Hampden District Attorney William M. Bennett said Wednesday that he will drop all pending charges of possessing an ounce or less of marijuana and will no longer prosecute new cases.

Bennett said he wants to honor the spirit of the ballot initiative, which makes possession of an ounce or less of marijuana punishable with a civil fine of $100. The law will take effect in late December or early January, officials said.

"I'm going to act as if the law were in effect now," said Bennett, who campaigned against the ballot question and said he hopes the results don't send the wrong message.

Bennett said he didn't know how many pending marijuana possession charges would be dismissed, but said he didn't think it would be significant. In the future, he said, he wants to focus on arresting drug dealers.

Voters approved the ballot question by about 65 percent to 35 percent.

District attorneys, county sheriffs and police chiefs all opposed the question, saying marijuana leads to use of harder drugs and causes serious health and safety problems.

Bennett said because of the strong support of the question he won't support any effort to repeal or amend the law. Prosecutors or police might eventually ask the state Legislature to alter the pending ballot law.

Elizabeth D. Scheibel, the district attorney for Franklin and Hampshire counties, said prosecutors would likely talk about their next step and what, if any, action they would pursue on Beacon Hill in response to approval of the ballot question.

The ballot question establishes a new system of civil penalties for possession, while retaining current criminal laws against cultivating, dealing and driving under the influence of marijuana.

Bennett said he also plans to end a program in his office that provides counseling for first-time drug offenders. The so-called diversion program includes a lot of marijuana cases.

In other post-election developments, Gov. Deval L. Patrick reiterated Wednesday that he plans to run for a second term. Patrick said he doesn't plan to accept a job in President-elect Barack H. Obama's administration.

"Are you asking me if I am going to Washington again?" Patrick said at a Statehouse press conference. "No, I am not. I intend to stay in my job. There is a lot of work to do. There is a very ambitious agenda. Frankly, if the people will have me, I intend to be here for a second term as well."

Speculation also continued about whether U.S. Sen. John F. Kerry, D-Mass., would become secretary of defense or secretary of state under Obama. After he was re-elected on Tuesday, Kerry said he would be willing to discuss a job with Obama.

If Kerry left, Patrick said he would consider a change in state law to appoint a successor rather than fill the seat through a special election. Under the current law, the governor must call an election within 145 to 160 days of receiving a resignation letter. A primary would be held five or six weeks beforehand further reducing the time candidates would have to raise money for a campaign.

Also Wednesday, during a news conference in Springfield, U.S. Rep. Richard E. Neal, D-Springfield, said he is looking forward to returning to Congress with a stronger Democratic majority in place.

Neal, who ran unopposed on Tuesday, said he will remain a member of the powerful House Ways and Means Committee. Neal, a former Springfield mayor, was first elected in 1988. During Tuesday's election, Democrats enjoyed a net gain of at least 14 seats in the U.S. House of Representatives, giving the party at least 250 posts in the 435-member chamber. In the U.S. Senate, the net gain for Democrats was at least five, providing the party with a minimum 56 Senate seats, counting two independents who caucus with Democrats.


News Hawk- Ganjarden 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: MassLive.com
Author: Dan Ring
Contact: MassLive.com
Copyright: 2008 MassLive.com
Website: Hampden County D.A. to Drop All Small Marijuana Possession Charges, in Wake of Tuesday's Election
 
Finally Justice! When the police say things like "marijuana leads to harder drugs" i am outraged... Marijuana leads to harder drugs BECAUSE of prohibition that causes it to be automaticly linked to "harder" drugs through drug dealers. They automatically make it criminal to posses with prohibition..
 
Back
Top Bottom