Pubdate: Sun, 19 Feb 2006
Source: Standard-Times (MA)
Copyright: 2006 The Standard-Times
Contact:  http://www.s-t.com/
Details: http://www.mapinc.org/media/422
Author: Jack Spillane,  Standard-Times staff writer
Cited: Massachusetts  Cannabis Reform Coaltion http://www.MassCann.org
Cited: National  Organization for the Reform of Marijuana Laws 
http://www.NORML.org
Bookmark: http://www.mapinc.org/decrim.htm  (Decrim/Legalization)
Bookmark: http://www.mapinc.org/pot.htm Cannabis)

BID TO DECRIMINALIZE MARIJUANA IS DEBATED

Jimmy, a 30-year-old union carpenter from a New Bedford suburb, is
fond of smoking a joint with his wife after they have put the kids to
bed.

Jimmy, who doesn't want to give his real name  because smoking
marijuana is illegal, said he doesn't drink much, so when he  wants to
wind down, he uses marijuana. Occasionally, he smokes a little pot
during the day, even when driving, he said.

As a regular user, Jimmy said he has built up a  tolerance to the
substance and claims marijuana doesn't interfere with his daily  life.

"I think it's a lot safer than drinking," he  said. "It doesn't hinder
my ability as much as drinking."

The area's legislative delegation doesn't  agree.

Although a  joint Senate/House committee has recommended making
possession of up to an ounce  of marijuana a civil, rather than
criminal matter, many members of the area's  legislative delegation
are against the idea.

"When you  decriminalize it, you're encouraging people to use it, and
to make it even more  prevalent in society," said Rep. Robert M.
Koczera, who represents part of New  Bedford's North End, as well as
Acushnet.

Mattapoisett  Rep. William M. Straus compared decriminalization to
eliminating the speed  limit. Even though almost everyone violates it,
"that doesn't mean you say,  'Let's just not make it a crime,'" he
said.

Dartmouth Rep.  John F. Quinn said it is important to retain the
"symbolism" that marijuana is  illegal at a time when society is
trying to persuade young people not to use  illegal drugs.

"I'd be  opposed to (decriminalization) in our area and in urban areas
across the state,"  he said. "We still have serious drug problems."

The  legislative committee whose job is to study drug abuse, however,
sees the  marijuana issue entirely differently. It voted 6-1 last week
to recommend decriminalization.

State Rep.  Ruth B. Balser, a Newton Democrat, said that in the 11
states that have  decriminalized possession of small quantities of
marijuana in recent years ""  including Maine and New York "" usage
rates of the drug and problems associated  with it have remained the
same.

She noted that  the proposed legislation still would require parents
of minors who are caught  with marijuana to be notified.

Rep. Balser's  committee points to a Drug Policy Forum study that
concluded that Massachusetts  would save $24.3 million a year by
issuing civil fines for marijuana possession  instead of bringing
criminal charges. The committee wants to redirect the money  spent
prosecuting marijuana to programs for drug abusers, she said.

Alcohol abuse  and addiction is a far more pervasive problem than
marijuana use, she contends.  "The real gateway drug is alcohol," she
said. "We have very serious problems  with drinking among young people."

Under the  proposed legislation, those possessing marijuana would
automatically pay a $250  fine and avoid the court system. Currently,
the crime is punishable by a $500  fine and up to six months in jail
for the first offense.

Attorney  General and gubernatorial candidate Tom Reilly has spoken
against the bill's  softened stance on marijuana possession. In a
statement on his Web site, Mr.  Reilly said, "That's the wrong message
to send to our kids. We have to keep them  out of drugs."

Bristol County  District Attorney Paul F. Walsh Jr. also has called
decriminalization "a bad  idea."

He said  marijuana possession already is functionally decriminalized
in Massachusetts,  with most cases involving the possession of small
amounts of the drug being  continued without a finding.

Those charged  do not end up with criminal records and, contrary to
what the decriminalization  bill's backers say, no one is denied a
student loan or rejected from college  because of a conviction for a
small quantity of marijuana, Mr. Walsh said.

"It sounds  like a great sob story, but it's just not true," he
said.

A prosecutor  for more than two decades, Mr. Walsh said he doubts the
state spends anywhere  near $24 million on marijuana possession cases.

And although  it might be true that alcohol and marijuana are gateway
drugs, alcohol is legal  and the country is certainly not returning to
prohibition, he said.

If marijuana  possession is decriminalized, the drug will become more
prevalent, Mr. Walsh  said. "Do we really want a society that has more
of this stuff in it?" he  asked.

The Committee  on Mental Health and Substance Abuse would be better
off focusing on the growing  popularity of methamphetamine, a highly
addictive and dangerous drug, the  district attorney contended.

Despite  widespread opposition, supporters of marijuana
decriminalization say they are  determined to press forward.

Steven  Epstein, a North Shore lawyer who founded the Massachusetts
Cannabis Reform  Coalition, said he is not sure that the proposed bill
will pass in the House  this session.

"We'd hope it  would happen sooner or later," he said.

Classifying  marijuana possession as a crime is burdensome to
taxpayers, Mr. Epstein argued.  "When you treat marijuana users as
criminals, the result is that you are  subsidizing the legal costs" of
prosecuting them, he said.

A better plan  would be to make those who possess marijuana pay a
fine, then split the revenue  from those fines with cities and towns,
he said.

Allen St.  Pierre, the executive director of the National Organization
for the Reform of  Marijuana Laws (NORML), said that although
marijuana possession is not usually  prosecuted in Massachusetts, the
law is not always enforced fairly.

Mr. St. Pierre, who grew up in Chatham, said  people in Massachusetts
can still lose their motor vehicle licenses and even go  to jail for a
possession conviction, depending on the inclination of the  prosecutor
and the judge.

Decriminalization would solve the fairness  issue, he said. "For both
law enforcement and citizens, it brings predictability  to the law."

One in three Americans live in a state where  marijuana possession has
been decriminalized, Mr. St. Pierre said.

In states such as Oregon, California, Arizona  and others,
decriminalization has won easily at the ballot box and in the  polls.

Still, decriminalization usually is not adopted  by state legislatures
until they perceive overwhelming support among the public,  he said.

It is only a matter of time before the law is  changed, Mr. St. Pierre
said.

"Massachusetts is already closer to  decriminalization than most
states," he said.

Rep. Koczera, however, said his constituents  are more interested in
his focusing on more substantive issues, such as  universal health
care and economic expansion, than on marijuana  decriminalization. His
legislative colleagues agreed with him, wondering why the  joint
committee concentrated on an issue such as decriminalization.

"Bills like this have been filed in the past  and they've never had
any kind of support," Rep. Koczera said. "Quite frankly,  I'm
surprised the committee reported it out favorably."
- ---
MAP posted-by: Richard Lake