The new law decriminalizing small amounts of marijuana has left local officials dazed and confused.
For 18 months, police officers have been issuing $100 non-criminal citations to people caught with less than an ounce of marijuana. But it's what happens when people don't pay their fines that is flummoxing officials in some communities.
"There is no specific provision in the law with regard to (decriminalization) that says if you don't pay then the following shall occur," said Edward Teague, clerk magistrate at Falmouth District Court. "There is no enforcement mechanism in the law."
Police write the tickets, said Falmouth Police Chief Anthony Riello, but "after that it's out of our hands."
Falmouth police initially passed the defaults to the district court, but Teague said unless someone appeals the ticket and requests a hearing before a magistrate, there is nothing the court system can do to force people to pay the fine.
Assistant Town Clerk Laurie Robbins, whose office is now responsible for collecting delinquent fines, said many pot smokers in Falmouth are realizing it pays not to pay.
Although the total number of citations issued in Falmouth is not known, Robbins said there are 38 unpaid and unappealed fines dating back to last year.
"When they come into our office after 21 days they just stay there," Robbins said. "They don't go anywhere."
Falmouth Town Manager Robert Whritenour said failure to pay other non-criminal tickets such as jaywalking usually are filed with the district court, which can then issue a warrant.
The problem in this case, he said, is the language of the law is flawed and Falmouth District Court won't assist with non-payment issues.
The fact that the town, and not the court, eventually receives the money "probably plays into it" as well, said Frank Duffy, Falmouth's town attorney.
Whritenour said the only other alternative is to file a complaint in another venue such as small claims court. But it is essential to avoid a situation in which the town is shelling out hundreds of dollars to collect on a $100 fine, he said.
In November 2008, voters overwhelmingly changed the law that turned possession of one ounce or less of marijuana into a civil citation.
People are issued a $100 fine instead of being arrested, charged in criminal court and having the incident appear on a Criminal Offender Record Information background check.
Juvenile violators must pay the fine and attend a drug abuse counseling course.
In April 2009, voters at a Falmouth town meeting – and voters in several other towns – also passed a local bylaw that tacks on an additional $300 fine for those smoking pot in public.
In Bourne, police haven't had anyone default on the half-dozen marijuana citations they've issued. Police Chief Earl Baldwin said he assumes the town would take the delinquent ticket-holders to court.
In Barnstable, town officials are facing a similar problem with the 60 total citations they've issued for marijuana possession.
Roughly half of those ticketed have not paid up, Barnstable police Sgt. Arthur Caiado said. The town's consumer affairs division is responsible for collecting the money, but representatives from that department did not return a phone message last week seeking comment.
Representatives from the clerk's offices in Barnstable and Orleans district courts would not comment on the civil citations and referred questions back to the individual towns.
But Michael Meno, director of communications at the Marijuana Policy Project, said there should be no confusion when collecting outstanding debt.
"The intent of the law is that any enforcement mechanism is the same as any other civil citation," Meno said. "Any problem with collecting the fines would be indicative of a problem with the civil citation system in general and not marijuana decriminalization itself."
But William Brooks, deputy chief of police in Wellesley and a state narcotics instructor, said the problem is voters took the teeth out of the law.
Brooks said the citizenry-approved language specifies no other action beyond the $100 fine can be levied against someone possessing an ounce of marijuana or less.
"There is no way to collect these fines," he said.
Many towns are struggling to collect much-needed revenue in a down economy, and town officials said any solutions to this problem may have to come from legislators.
State Rep. Cleon Turner, D-Dennis, unsuccessfully submitted an amendment to this law last year which would have made failure to pay the fine a criminal offense subject to prosecution.
As a former police officer, Turner said he understands the importance of adding teeth to the law and plans to file legislation concerning the marijuana decriminalization statute next term.
Another idea, said state Rep. Matt Patrick, D-Falmouth, is making the citation similar to traffic and parking tickets.
"It should be revisited and amended so there's a possibility of tying it to a driver's license or putting a hold on car registrations," Patrick said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: CapeCodOnline.com
Author: Aaron Gouveia
Contact: CapeCodOnline.com
Copyright: 2010 Cape Cod Media Group
Website: Marijuana law leaves Cape officials high and dry
* Thanks to MedicalNeed for submitting this article
For 18 months, police officers have been issuing $100 non-criminal citations to people caught with less than an ounce of marijuana. But it's what happens when people don't pay their fines that is flummoxing officials in some communities.
"There is no specific provision in the law with regard to (decriminalization) that says if you don't pay then the following shall occur," said Edward Teague, clerk magistrate at Falmouth District Court. "There is no enforcement mechanism in the law."
Police write the tickets, said Falmouth Police Chief Anthony Riello, but "after that it's out of our hands."
Falmouth police initially passed the defaults to the district court, but Teague said unless someone appeals the ticket and requests a hearing before a magistrate, there is nothing the court system can do to force people to pay the fine.
Assistant Town Clerk Laurie Robbins, whose office is now responsible for collecting delinquent fines, said many pot smokers in Falmouth are realizing it pays not to pay.
Although the total number of citations issued in Falmouth is not known, Robbins said there are 38 unpaid and unappealed fines dating back to last year.
"When they come into our office after 21 days they just stay there," Robbins said. "They don't go anywhere."
Falmouth Town Manager Robert Whritenour said failure to pay other non-criminal tickets such as jaywalking usually are filed with the district court, which can then issue a warrant.
The problem in this case, he said, is the language of the law is flawed and Falmouth District Court won't assist with non-payment issues.
The fact that the town, and not the court, eventually receives the money "probably plays into it" as well, said Frank Duffy, Falmouth's town attorney.
Whritenour said the only other alternative is to file a complaint in another venue such as small claims court. But it is essential to avoid a situation in which the town is shelling out hundreds of dollars to collect on a $100 fine, he said.
In November 2008, voters overwhelmingly changed the law that turned possession of one ounce or less of marijuana into a civil citation.
People are issued a $100 fine instead of being arrested, charged in criminal court and having the incident appear on a Criminal Offender Record Information background check.
Juvenile violators must pay the fine and attend a drug abuse counseling course.
In April 2009, voters at a Falmouth town meeting – and voters in several other towns – also passed a local bylaw that tacks on an additional $300 fine for those smoking pot in public.
In Bourne, police haven't had anyone default on the half-dozen marijuana citations they've issued. Police Chief Earl Baldwin said he assumes the town would take the delinquent ticket-holders to court.
In Barnstable, town officials are facing a similar problem with the 60 total citations they've issued for marijuana possession.
Roughly half of those ticketed have not paid up, Barnstable police Sgt. Arthur Caiado said. The town's consumer affairs division is responsible for collecting the money, but representatives from that department did not return a phone message last week seeking comment.
Representatives from the clerk's offices in Barnstable and Orleans district courts would not comment on the civil citations and referred questions back to the individual towns.
But Michael Meno, director of communications at the Marijuana Policy Project, said there should be no confusion when collecting outstanding debt.
"The intent of the law is that any enforcement mechanism is the same as any other civil citation," Meno said. "Any problem with collecting the fines would be indicative of a problem with the civil citation system in general and not marijuana decriminalization itself."
But William Brooks, deputy chief of police in Wellesley and a state narcotics instructor, said the problem is voters took the teeth out of the law.
Brooks said the citizenry-approved language specifies no other action beyond the $100 fine can be levied against someone possessing an ounce of marijuana or less.
"There is no way to collect these fines," he said.
Many towns are struggling to collect much-needed revenue in a down economy, and town officials said any solutions to this problem may have to come from legislators.
State Rep. Cleon Turner, D-Dennis, unsuccessfully submitted an amendment to this law last year which would have made failure to pay the fine a criminal offense subject to prosecution.
As a former police officer, Turner said he understands the importance of adding teeth to the law and plans to file legislation concerning the marijuana decriminalization statute next term.
Another idea, said state Rep. Matt Patrick, D-Falmouth, is making the citation similar to traffic and parking tickets.
"It should be revisited and amended so there's a possibility of tying it to a driver's license or putting a hold on car registrations," Patrick said.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: CapeCodOnline.com
Author: Aaron Gouveia
Contact: CapeCodOnline.com
Copyright: 2010 Cape Cod Media Group
Website: Marijuana law leaves Cape officials high and dry
* Thanks to MedicalNeed for submitting this article
I don't know why we don't have a ballot question of our own.....
