Massachusetts - Pot smokers flying high over a new law providing simple tickets for possessing small amounts of weed could still find themselves in cuffs as city leaders weigh a state recommendation to get tough on public toking.
"I'd sign it in a second," Lynn Mayor Edward "Chip" Clancy said. "I wasn't in favor of the ballot question. I don't think the expansion of marijuana use, or any other drug for that matter, is a good idea."
The soft-on-pot law just approved by Bay State voters takes effect Friday, making possession of less than an ounce of marijuana punishable by a $100 fine, rather than arrest.
But in guidelines issued by the Executive Office of Public Safety and Security yesterday, state officials urged cities and towns to pass local laws to pile on additional fines and make it a crime to smoke pot in public.
"I think communities would have to take a hard look at doing something like that," said Woburn Mayor Thomas McLaughlin, calling the state's recommendation "interesting."
Public toking laws were not previously needed on the books because simple possession was a criminal offense, albeit a misdemeanor.
Attorney General Martha Coakley, who opposed the pot power play overwhelmingly approved by voters in November, suggested towns tack on an additional $300 civil penalty as well as criminal penalties.
Decriminalization backers fear the proposed local crackdown amounts to an "end-run" around the spirit of the new law.
"We're not opposed in principle to some kind of sensible regulation, however, if it starts to look like this is being done to undo the wishes of voters, then yes, we would be opposed to that," said Dan Bernath, spokesman for the Washington, D.C.-based Marijuana Policy Project, which backed the Bay State ballot initiative.
Boston City Councilor Stephen Murphy, chairman of the council's public safety committee, said he planned to discuss the issue with the board and Mayor Thomas M. Menino.
"I think we should look at what all of our options are," Murphy said.
Menino spokeswoman Dot Joyce said the mayor had not been briefed on the guidelines and wanted to reserve comment. Menino shared the concerns of district attorneys that Question 2 would be a gateway to weaker pot laws.
But, Joyce said, "the people have voted, and we'll follow the letter of the law."
Cops and prosecutors have also argued that the new law could nullify drug testing of cops, bus drivers and MBTA employees. Public Safety Secretary Kevin Burke, though, said sanctions for flunking drug tests are unchanged.
"You can still provide effective employee discipline," Burke said.
The new law, similar to others across the country, is designed to prevent people caught with small amounts of marijuana from having lifetime criminal records. Rather than arrest and prosecution, the law requires police to issue a $100 civil fine for a first offense. For minors, there is a parental notification and education requirement.
Burke said the law still allows cops to search suspects, seize pot and arrest drug dealers.
News Hawk: MsRedEye: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Boston Herald
Author: Dave Wedge and Edward Mason
Copyright: 2008 The Boston Herald, Inc. and Herald Media
Contact: Contact Us - BostonHerald.com
Website: Joint move to target public pot smoking - BostonHerald.com
"I'd sign it in a second," Lynn Mayor Edward "Chip" Clancy said. "I wasn't in favor of the ballot question. I don't think the expansion of marijuana use, or any other drug for that matter, is a good idea."
The soft-on-pot law just approved by Bay State voters takes effect Friday, making possession of less than an ounce of marijuana punishable by a $100 fine, rather than arrest.
But in guidelines issued by the Executive Office of Public Safety and Security yesterday, state officials urged cities and towns to pass local laws to pile on additional fines and make it a crime to smoke pot in public.
"I think communities would have to take a hard look at doing something like that," said Woburn Mayor Thomas McLaughlin, calling the state's recommendation "interesting."
Public toking laws were not previously needed on the books because simple possession was a criminal offense, albeit a misdemeanor.
Attorney General Martha Coakley, who opposed the pot power play overwhelmingly approved by voters in November, suggested towns tack on an additional $300 civil penalty as well as criminal penalties.
Decriminalization backers fear the proposed local crackdown amounts to an "end-run" around the spirit of the new law.
"We're not opposed in principle to some kind of sensible regulation, however, if it starts to look like this is being done to undo the wishes of voters, then yes, we would be opposed to that," said Dan Bernath, spokesman for the Washington, D.C.-based Marijuana Policy Project, which backed the Bay State ballot initiative.
Boston City Councilor Stephen Murphy, chairman of the council's public safety committee, said he planned to discuss the issue with the board and Mayor Thomas M. Menino.
"I think we should look at what all of our options are," Murphy said.
Menino spokeswoman Dot Joyce said the mayor had not been briefed on the guidelines and wanted to reserve comment. Menino shared the concerns of district attorneys that Question 2 would be a gateway to weaker pot laws.
But, Joyce said, "the people have voted, and we'll follow the letter of the law."
Cops and prosecutors have also argued that the new law could nullify drug testing of cops, bus drivers and MBTA employees. Public Safety Secretary Kevin Burke, though, said sanctions for flunking drug tests are unchanged.
"You can still provide effective employee discipline," Burke said.
The new law, similar to others across the country, is designed to prevent people caught with small amounts of marijuana from having lifetime criminal records. Rather than arrest and prosecution, the law requires police to issue a $100 civil fine for a first offense. For minors, there is a parental notification and education requirement.
Burke said the law still allows cops to search suspects, seize pot and arrest drug dealers.
News Hawk: MsRedEye: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Boston Herald
Author: Dave Wedge and Edward Mason
Copyright: 2008 The Boston Herald, Inc. and Herald Media
Contact: Contact Us - BostonHerald.com
Website: Joint move to target public pot smoking - BostonHerald.com
