Pubdate: Thu, 16 Feb 2006
Source: Herald News, The (Fall River, MA)
Copyright: 2006 The Herald News
Contact:  http://www.heraldnews.com/
Details: http://www.mapinc.org/media/3604
Author:  Gregg M. Miliote, Herald News Staff Reporter
Bookmark: http://www.mapinc.org/decrim.htm   (Decrim/Legalization)

MARIJUANA FIGHT NEARS

FALL RIVER -- A budding debate regarding the decriminalization of 
marijuana in the Bay State is forcing local enforcement officials to 
begin thinking about  taking a position on the controversial issue.

The Massachusetts General Court's Joint Mental Health and Substance 
Abuse Committee recently voted 6-1 in favor of a bill that would 
decriminalize possession of less than one ounce of marijuana. Instead 
of facing criminal  charges for simple possession, the legislation 
calls for a civil fine of  $250.

State Rep. David Sullivan, D-Fall River, is a member of the joint 
committee and voted in favor of the bill.

But in the world of politics, no vote is  ever black and white.

Although Sullivan voted in favor of the bill, he  said he does not 
support the entire piece of legislation.

"I voted in  favor of the bill because I want to see it go forward 
and evolve a bit, so it  becomes more palatable," Sullivan said. "If 
we were to kill it in committee,  then we would have nothing to help 
kids and young adults who made a poor choice  in their lives.

"If someone gets in trouble once, they end up scarred for  life. We 
should be affording people second chances."

Sullivan was  alluding to the fact that criminal records, even for 
marijuana possession,  oftentimes hinder an individual's chances to 
obtain employment, housing or  credit.

He said he expects the legislation to move forward to the  Judiciary 
Committee for further review and some changes.

"I'd like to see  what the Judiciary Committee does with it," 
Sullivan said. "I personally don't  want this to apply to second-or 
third-time offenders, but I do think the merits  of protecting people 
are reason enough to look at it deeply.

"This  legislation is worth a debate."

The bill will likely be the subject of a  public hearing before the 
Judiciary Committee March 14.

The battle over  decriminalizing marijuana has been spreading across 
the nation. In fact, 11  other states have passed similar laws.

The Drug Policy Forum of  Massachusetts, a proponent of the 
legislation, asserts "no negative effects"  have resulted from the 
passage of marijuana decriminalization in other  states.

California, one of the states to pass such a law, reports a  decrease 
in youth marijuana use during the last five years under its new marijuana laws

Whitney A. Taylor, executive director of the Drug Policy  Forum of 
Massachusetts, praised the committee for its leadership on this  issue.

"It is wonderful to see Massachusetts legislators taking this step 
toward a sensible debate on marijuana control policies," Taylor said. 
"We are  moving away from policies based on stigma and punishment, to 
those based on  science."

Sullivan and others in his legislative committee have also  pointed 
to the massive amounts of state resources poured into marijuana 
possession arrests and prosecution as a reason to support the legislation.

A 2002 study by Boston University economist Jeffrey Miron  determined 
marijuana decriminalization would save Massachusetts taxpayers $24.3 
million a year in arrest and booking costs alone. The study also 
noted that the  commonwealth would generate an undetermined amount of 
revenue due to the  potential for civil fines.

"This issue has a major impact on legal  resources," Sullivan said. 
"It's a real drain on our resources that should be  looked at closely."

A sticky situation

Fall River Police Chief  John M. Souza and his brethren of law 
enforcement officials now find themselves  in a political gray area 
as they attempt to determine what their position on  this proposal should be.

Souza said this week, "If you have to pin me  down on this, I would 
say I oppose the legislation."

But Souza also said  he is still "open to the idea."

"I do have questions about this and am  uneasy about the message it 
sends to kids," Souza said. "This is a whole new  territory, and it's 
an interesting debate. But I would want some changes and a  lot more 
information before I supported something like this."

Souza said  he specifically disagrees with claims that 
decriminalization would reduce the  amount of law enforcement 
resources put into marijuana arrests.

He said  of the approximately 6,000 arrests made last year, very few 
were solely for  marijuana possession.

"Even if it does become a civil fine, the police  are still going to 
be the ones handing out those fines," Souza said.

He  also said even if marijuana is decriminalized, users will still 
have to purchase  it from street-level drug dealers who are 
possessing more than an ounce of the  drug.

While Bristol County District Attorney Paul F. Walsh did not return 
calls for comment on the issue, Sheriff Thomas M. Hodgson said he is 
vehemently opposed to the legislation.

"I think it's outrageous. In a time when we  are trying to teach kids 
about accountability, this bill sends a terrible  message when it 
basically says it's OK to use a drug for pleasure," Hodgson  said. 
"Anyone who knows anything about this issue knows that marijuana use 
leads  to other things."

Hodgson said he has noticed "a dangerous trend" in  American society 
recently where people are trying to find reasons to do things  that are wrong.

"The last thing my prisoners need is for someone to feel  sorry for 
them. They need the consequences and accountability to make their 
lives better," Hodgson said. "If this bill passes, it will be a real 
setback,  not only for law enforcement, but for society as a  whole."
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MAP posted-by: Beth Wehrman