Pubdate: Fri, 07 Nov 2008 Source: Lowell Sun (MA) Copyright: 2008 MediaNews Group, Inc. Contact: http://www.lowellsun.com/ Details: http://www.mapinc.org/media/852 Author: Lisa Redmond, Staff Writer Referenced: Question 2 http://sensiblemarijuanapolicy.org/initiative Bookmark: http://www.mapinc.org/find?161 (Marijuana - (Regulation) DA LEONE TO TREAT MARIJUANA CASES SAME TILL LAW TAKES EFFECT WOBURN -- While the district attorney in Springfield has vowed to drop all pending charges of possessing an ounce or less of marijuana in the wake of the passage of Question 2 on Tuesday, Middlesex District Attorney Gerry Leone said he will make such decisions individually. "Until the new law is implemented, we will evaluate each pending matter on a case-by-case basis,'' Leone said yesterday. "In general, as was the case prior to this new law, the presumption will be that defendants charged with mere possession of marijuana without any other criminal charges or prior record are to have their case continued without a finding or resolved with pretrial probation,'' he said. Hampden District Attorney William Bennett announced Wednesday that he wants to honor the spirit of the ballot initiative, which makes possession of an ounce or less of marijuana punishable with a civil fine of $100. The law will take effect in late December or early January, officials said. "I'm going to act as if the law were in effect now," Bennett told The Republican in Springfield. Bennett campaigned against the ballot question and said he hopes the results don't send the wrong message. Bennett said he doesn't know how many pending marijuana-possession charges would be dismissed, but said he doesn't think it would be significant. In the future, he said, he wants to focus on arresting drug dealers. Bennett said that because of the strong support of the question, he won't support any effort to repeal or amend the law. Prosecutors or police might eventually ask the state Legislature to alter the pending ballot law. Bennett said he also plans to end a program in his office that provides counseling for first-time drug offenders. The so-called diversion program includes many marijuana cases. But Leone is taking a more cautious approach. "As the attorney general stated yesterday, the new ballot proposition will become law 30 days after the results are presented to the Governor's Council, likely in late November or December," Leone said. "Until that time, the existing marijuana-possession laws remain in effect." - --- MAP posted-by: Larry Seguin