Pubdate: Thu, 1 Jan 2009 Source: Cape Codder, The (Orleans, MA) Contact: 2009 GateHouse Media, Inc. Website: http://www.wickedlocal.com/brewster Details: http://www.mapinc.org/media/3794 Author: Steve Desroches Bookmark: http://www.mapinc.org/pot.htm (Marijuana) CAPE TIP CHIEF SAYS ISSUES IMPACT NEW POT LAW It looks like those waiting to exhale might have to wait a little longer. Provincetown Police Chief Jeff Jarran said there remain a lot of unresolved issues regarding the law decriminalizing marijuana that goes into effect Jan. 2 and that according to the police chief's association, the state Legislature is preparing to address the question in the new year. "We're not looking to enforce it on Jan. 2," said Jarran regarding the change in the law required by Question 2. On Nov. 4 Massachusetts voters passed Question 2, which decriminalizes small amounts of marijuana, with 65 percent of the vote. According to the state constitution, ballot questions take effect 30 days after being certified by the Governor's Council. The vote was certified Dec. 3 so the new law should go into effect Jan. 2. The new law approved by the voters decriminalized the possession of an ounce or less of marijuana. Anyone caught with less than an ounce would be issued a $100 ticket and would forfeit the marijuana. Those under age 18 would be required to go through drug and alcohol counseling; a failure to do so would carry a $1,000 fine. Under current law, someone arrested for marijuana possession could face up to six months in prison and face a $500 fine. Massachusetts became the 12th state to decriminalize small amounts of marijuana when it passed Question 2. The possible delay in the implementation of the new law could be because there is no structure in place to issue and collect the fines, say the state's district attorneys and attorney general. While Gov. Deval Patrick and the secretary of state, who were opposed to Question 2, said they will honor the vote, it is still unclear if it will be implemented on Jan. 2, as required by the state constitution, due to lingering enforcement questions as Massachusetts develops a system to deal with the new law as required by the voters. Other states have already implemented similar procedures similar to those required by Question 2. In Maine, where possession of an ounce and a quarter or less of marijuana is a civil penalty, fines are assessed and collected through the court system. The statute there calls for a fine of not less than $350 and not more than $600, according to Maine state law. In Ohio, those caught with a small amount of marijuana are subject to a $100 fine and the temporary loss of a driver's license, with the option of paying the fine through the mail or appearing in court to contest the citation, similar to a speeding ticket. Aside from the technical issues there is still concern among law enforcement officials that the decriminalization effort sends the wrong message to youths across the state. Locally, Jarran is not only worried about the community's young people, but also how tourists from out of state might misunderstand the new law once the busy summer season begins. Prior to a public information campaign, many out of state tourists were arrested for possession of amyl nitrate, commonly known as "poppers," which are illegal in Massachusetts, but not in most states. "Any time there is new legislation there are growing pains," said Jarran. Over the years Provincetown voters consistently expressed their support for the decriminalization of marijuana. Former Selectman David Atkinson successfully moved to file a home rule petition at 1999 annual town meeting to legalize the use of medical marijuana. And Barbara Rushmore first moved to decriminalize marijuana by a town meeting vote in 1976. Thirty years later at town meeting Rushmore once again placed an article on the warrant to essentially decriminalize marijuana, by instructing police to issue $50 tickets for the possession of small amounts. Both initiatives passed by a town meeting vote. One of Rushmore's points is that by decriminalizing small amounts the town would save money on associated police overtime, an argument also made by the Committee for Sensible Marijuana Policy, the proponents of the statewide question. "We could discuss this until the cows come home," said Jarran, who added that it might free up some of the police officers' time, but that that doesn't make it a good idea. Jarran worked to successfully defeat a similar question in New Hampshire, where he lived and worked before his arrival in Provincetown. Provincetown residents voted in favor of Question 2 by one of the highest margins in the state. With 85 percent of the town supporting decriminalization, Provincetown joins the Martha's Vineyard towns of West Tisbury and Aquinnah, which voted for the question 85 percent and 86 percent respectively, as being the biggest supporters in Massachusetts. Regardless of what happens, Jarran said that he believes problems will arise in the future with implementation. "They'll rear their ugly head," said Jarran to the problems he sees with the new law. "We'll deal with it. We always do." - --- MAP posted-by: Richard Lake