Pubdate: Thu, 22 Jan 2009
Source: Daily News Tribune (Waltham, MA)
Copyright: 2009 GateHouse Media, Inc.
Contact:  http://www.dailynewstribune.com
Details: http://www.mapinc.org/media/3562
Author: Mary Ford
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

HINGHAM CRUISERS EQUIPPED WITH MARIJUANA SCALES

HINGHAM, Mass. -- Possession of less than 1 ounce of marijuana has 
been decriminalized, but marijuana has not been legalized.

That is the message that Hingham police want to get out there.

Since the "decriminalization law" went into effect on Jan. 2 police 
have imposed civil fines on five individuals in four Hingham 
incidents. If those incidents had occurred before Jan. 2, arrests 
would have been made.

The number of marijuana incidents is high for a time period of less 
than a month, police said. One incident involved two people smoking 
pot in a parking lot, and another involved a 17-year-old who had 
previously been arrested twice for possession of marijuana.

Many people think the vote made possession of marijuana legal so we 
are seeing people more brazen than ever smoking pot," said police 
spokesman Lt. Michael Peraino.

Police cruisers are equipped with battery-operated scales to weigh 
the marijuana, Peraino said.

In one of the incidents, the offender immediately said: "it is under 
an ounce," said Peraino, adding that drug dealers are now selling 
marijuana in amounts that are just under 1 ounce. From 40 to 50 
joints (marijuana cigarettes) can be made from 1 ounce. The street 
price for an ounce of marijuana is $200-$300, police said.

The citations (like tickets) include the date, time and location of 
the incident; name, address, date of birth, and the driver's license 
number of the person possessing the drug. Offenders can pay the $100 
fine within 21 days to the town clerk or ask for a hearing before the 
clerk magistrate at Hingham District Court if they want to fight the 
fine. The money goes into the town's general fund.

If the offender does not pay the fine or ask for hearing, a criminal 
complaint will be issued that will result in a court hearing. If the 
accused does not respond to that hearing, a warrant will be issued 
for his or her arrest, police said.

The law includes special provisions for those under 18, Peraino said. 
Police provide the parent or guardian with a copy of the citation and 
a notice informing them that the teen has one year to complete a 
drug-awareness program with a minimum of four hours classroom 
instruction and 10 hours of community service. A certificate of 
completion of the program must be filed with the clerk of courts. If 
not filed within a year, the clerk notifies the offender and the 
parents or guardian. The fine can be increased to $1,000, Peraino said.

Under the law, both the offender and the parent or guardian will be 
jointly responsible to pay the $1,000," he said.

Peraino said selling or distributing marijuana is punishable 
criminally even if the quantity is less than 1 ounce. "If there is 
probable cause that the person is distributing marijuana, we can 
still make an arrest," he said.

Peraino said DARE officer Rob Ramsey is addressing the new marijuana 
law in his classes.

Peraino, a former DARE officer, said the new law sends the wrong message.

In spite of what proponents of the new law have said, it is a gateway 
drug, Peraino said.

All of our arrests for cocaine or heroin - every one of the offenders 
started with marijuana," he said. "Marijuana is not a healthy thing 
to do. It affects the brain and thinking ability."

Peraino said if police determine a motorist is impaired by marijuana 
that individual could be arrested and charged with operating under 
the influence, even if the amount of marijuana in his or her 
possession is less than an ounce.
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MAP posted-by: Jay Bergstrom