Pubdate: Wed, 15 Feb 2006 Source: Daily News Tribune (Waltham, MA) Copyright: 2006 The Daily News Tribune Contact: http://www.dailynewstribune.com Details: http://www.mapinc.org/media/3562 Author: Emelie Rutherford Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) POT BILL LIGHTS UP DEBATE BOSTON -- As advocates for substance abusers applaud legislation to decriminalize the possession of small amounts of marijuana, some crime watchdogs are slamming the measure they said would send a mixed message on drug use. A legislative committee advanced a bill on Monday that would make possession of less than one ounce of marijuana a civil offense with a $250 fine for a first offense, instead of a criminal infraction that could land a first-time offender in jail for six months with a $500 fine. Supporters said the bill that has languished in the Legislature in past sessions may have fared better this time because it was weighed by the Legislature 's new joint Mental Health and Substance Abuse Committee. "I think as a committee we really do have a perspective of focusing on education, prevention and treatment, and that's different than the criminal justice tough-on-crime approach," said the committee's House chairwoman, state Rep. Ruth Balser, D-Newton. Supporters said decriminalizing the possession of small amounts of marijuana would prevent offenders from having difficulty securing federal student loans, jobs and housing because of criminal records. A 2002 report by a Boston University economist estimates marijuana possession arrests and bookings cost the state $24.3 million a year. Balser said some of that money could be better spent on substance abuse treatment. "There's way too many people with substance abuse problems in jail and in the criminal justice system," said James Cuddy, executive director of Framingham social service agency SMOC, who applauded the legislation. The bill still would have to clear several hurdles to become law -- approval first by the Senate, then the House and Gov. Mitt Romney, and Romney's office has signaled he may oppose it. Spokeswomen for Senate President Robert Travaglini and House Speaker Salvatore DiMasi could not confirm the legislative leaders' stances on the bill yesterday. Framingham Police Chief Steven Carl said the bill would "unnecessarily endanger the public in the big picture." "On a daily basis, we deal with the issue of alcohol and driving when intoxicated...and now we're going to say it's easier to use marijuana?" Carl said. Carl said judges are the appropriate caretakers to determine how to punish marijuana offenders. Many first-time offenders, he said, have their cases continued without findings. Milford Police Chief Thomas O'Loughlin said the bill would send a mixed message to young adults. "If the age is 18, are we sending messages to kids that are different, (that) you can't have that can of beer but you can have five or six joints in your pocket, that's OK?" O'Loughlin said. He questioned how the bill would be enforced, saying many of the offenders would not end up paying the civil fines. State Rep. Karyn Polito, R-Shrewsbury, a member of the Mental Health and Substance Abuse Committee, said the bill "sends the wrong message." "I think it's a very narrow group of people that want the passage of this law," said Polito, who was not present for the committee's 6-1 vote. Fellow committee member Richard Ross, R-Wrentham, said he dropped his initial opposition to the bill. "The more I heard about how even a small infraction follows someone for the rest of their lives, and (marijuana) has become such a prevalent use in society, it seemed like an unfair tag to stick on somebody," Ross said. Eleven other states have decriminalized possession of marijuana to some extent, according to Whitney Taylor, the executive director of the Drug Policy Forum of Massachusetts. - --- MAP posted-by: Jay Bergstrom