Pubdate: Thu, 05 Aug 2004 Source: Salem News (MA) Contact: 2004 Essex County Newspapers Website: http://www.salemnews.com Details: http://www.mapinc.org/media/3466 Author: Meredith Warren Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) MARIJUANA, FATHERS' RIGHTS, REDISTRICTING ON NOVEMBER BALLOT Bush or Kerry won't be the only question facing North Shore voters when they go to the polls this November. Along with who should be president, voters in some cities and towns will also be asked if they want to decriminalize marijuana, give divorced parents shared custody of their kids, and take away the Legislature's right to redraw district lines. All three ballot questions are nonbinding, meaning lawmakers could choose to ignore the voters' wishes. But if nothing else, the interest groups who sponsored the questions are hoping to find out where voters stand on the issues while also sending a message to lawmakers. "Our goal is to be a little louder and win a few more districts and change a few more minds on Beacon Hill," said Steven Epstein of the Massachusetts Cannabis Reform Coalition. Epstein, a Georgetown lawyer, gathered enough signatures to ask voters in two North Shore Senate districts whether possession of marijuana should be punished with nothing more than a civil violation - something akin to a traffic ticket. He said decriminalizing marijuana could save the state as much as $25 million - the amount a recent study showed Massachusetts law enforcement spent in 2002 arresting adults for possession of the drug. The marijuana question will be posed to voters in Beverly, Danvers, Peabody, Salem, Topsfield, Marblehead and Swampscott, communities represented by state Sens. Frederick Berry of Peabody and Thomas McGee of Lynn. Epstein said he chose those districts because the senators are in positions of power - Berry is the Senate Majority Leader and McGee is co-chairman of the Legislature's Criminal Justice Committee. Berry said he will take into account how his district votes on the question, and said he believes it's time to look at easing the punishment for possession of marijuana. "It's paramount we take a hard look at the serious punitive consequences of using marijuana," said Berry, who once voted to decriminalize marijuana for medicinal use. "I do think they are too punitive." But Berry said he's not a fan of relying on the ballot initiative process to make laws. He said voters don't always read the questions thoroughly and weigh the consequences. "My district voted to abolish the income tax, but I don't think the state could survive without $9 billion of revenue," Berry said. "People didn't measure the consequences of their vote." Fathers' Rights Another ballot question going before local voters this fall is one sponsored by Fathers & Families, a father's advocacy group. The question asks voters whether they want their lawmaker to vote for a law that would give parents shared physical and legal custody of their children in the case of a divorce. The question will be posed to voters in Beverly, Salem, Danvers, West Peabody and Topsfield. "In Massachusetts, most of the time the mother is awarded sole physical custody," said Dan Hogan, managing director of Fathers & Families. "We're saying there should be a default position of shared physical and legal custody, in which time spent with each parent is maximized so far as is practical." Hogan said research has shown that children are "better off" when their fathers remain involved following a divorce. He said there are several "shared parenting" bills floating around in the Legislature, and his group wants to know where the public stands on the issue. Redrawing District Lines A third ballot question will be posed to Salem voters. The question, sponsored by Common Cause, asks voters whether Salem's state representative should vote to take away the Legislature's right to redraw congressional and legislative districts every 10 years and place the responsibility in the hands of an independent commission. "We want to be able to choose the incumbent, rather than have the incumbent draw the lines and choose themselves," said Jeanne Kempthorne of Salem, a Common Cause board member. Kempthorne stood outside the Salem train station, post office and library to collect the 200 signatures necessary to get the question on the ballot in the city. Common Cause, which got the question on the ballot in 15 state representative districts, is hoping to eventually change the state constitution by pushing for an amendment establishing a special redistricting commission. That question wouldn't reach voters until at least 2008. - --- MAP posted-by: Richard Lake