Pubdate: Fri, 21 Jan 2011 Source: Taunton Daily Gazette (MA) Copyright: 2011 Taunton Daily Gazette Contact: http://www.tauntongazette.com Details: http://www.mapinc.org/media/2750 RHODE ISLAND CAN LEARN FROM MASS. POT LAWS Legislation filed this week by Rhode Island Rep. John Edwards, D-Tiverton, to decriminalize possession of up to one ounce of marijuana has already gotten quite a bit of attention. Edwards says that he filed the legislation, which would be similar to the marijuana decriminalization law approved by Massachusetts voters in 2008, in order to save the state money and to save lives from being destroyed as a result of a youthful - and relatively harmless - indiscretion. Enactment of this legislation would bring Rhode Island's laws into parity with those in neighboring Massachusetts. Currently, if someone were to be caught with an ounce or less of pot in Taunton, they would receive a $100 ticket. If they were caught over the state line in, say, East Providence, they would be charged with a misdemeanor, have to go to court, fined between $200 and $500 and could even be thrown in jail for up to a year. Those convicted may also be sentenced to drug education classes and up to 100 hours of community service for a first offense. Harsher penalties are imposed for subsequent offenses. Rhode Island Attorney General Peter Kilmartin opposes decriminalization, saying that it sends the wrong message to youth and is a hindrance to law enforcement. But marijuana use would still be illegal and penalized by a fine. It's just not subject to criminal prosecution, freeing up Kilmartin's prosecutors, freeing up mounting court backlogs, and allowing law enforcement resources to investigate and fight more significant crime, rather than enforcing and prosecuting draconian and ineffective marijuana prohibition laws. Under Edwards' legislation, those caught with an ounce or less of pot in Rhode Island - considered the threshold for personal use - would essentially get a civil citation - similar to a traffic ticket - and be fined $150. It would not become a part of a criminal record. In Massachusetts, the fine is $100. "When Massachusetts decriminalized, the state did not implode," Edwards correctly points out. But Edwards, who admits that his bill is short and simple, would do well to learn from some of the practical implications that Massachusetts has discovered in enforcing the new law. According to an Associated Press report, the Massachusetts law does not require offenders to correctly identify themselves or show identification, nor does it provide a way to force them to pay the fines. The result is a patchwork of enforcement across the commonwealth. While some police departments hand out hundreds of tickets, others just look the other way. Since the law has no teeth for collecting fines, people can basically ignore the ticket and not face any repercussions. The only recourse is for cities or towns to take the offender to small claims court, which isn't worth the time or effort. Massachusetts legislators should close these loopholes. Before the law is enacted, Rhode Island legislators should make sure that the law does specify enforcement mechanisms so that the civil penalty would still serve as an effective deterrent to marijuana use without clogging courts, wasting state funds and destroying promising lives. Looking at the financial side of the matter, decriminalizing marijuana would take some of the case backlog out of Rhode Island's court system, would save substantial amounts of money for prosecution and other police and court costs. And, by decriminalizing marijuana, those on probation would not be found in violation and jailed if they are caught with a small amount of pot. The cost of housing an inmate in R.I. is estimated at $44,000 annually. The goal of law enforcement and prosecutors should be to keep dangerous criminals away from the public. It makes little sense to break up families and turn drug offenders into hardened criminals by throwing them in prison at taxpayer expense. Edwards rightfully notes that those who drive under the influence of marijuana would still be subject to criminal prosecution. So far, Edwards' legislation has 40 sponsors in the House from both sides of the aisle, and also has the support of the state's Libertarian Party. State Sen. Joshua Miller, D-Cranston, who chaired a study commission on the issue of marijuana legalization, plans to file similar legislation in the Rhode Island Senate. Twelve other states have decriminalized possession of up to one ounce of marijuana. Rhode Island should become the 13th.