Pubdate: Sat, 22 Oct 2011 Source: Taunton Daily Gazette (MA) Copyright: 2011 Taunton Daily Gazette Contact: http://www.tauntongazette.com Details: http://www.mapinc.org/media/2750 Author: Steven S. Epstein Note: Steven S. Epstein, Esq. practices law in Georgetown, and is a founder and officer of the Massachusetts Cannabis Reform Coalition. Guest Opinion A REGULATED MARIJUANA MARKET IS BETTER THAN A BLACK MARKET Two members of the Massachusetts congressional delegation and four members of the Massachusetts legislature endorse ending marijuana prohibition. The rest of our congressional delegation has yet to catch up with Barney Frank and Michael Capuano, and 196 members of the state legislature have yet to catch up with Ellen Story of Amherst, Ruth Balser of Newton, Lori Ehrlich of Marblehead and Anne Gobi of Spencer. These representatives understand, as did a majority in a recent Gallup Poll, that a regulated market is better than a black market. There are nine representatives on Beacon Hill who continue to suffer from reefer madness. Although it is difficult to assess who suffers the worst case, here are nine nominees. Is it Democrat James M. Murphy of Weymouth, Republican Todd Smola of Palmer, William "Smitty" Pignatelli of Lenox, George Ross of Attleboro, Gailanne Cariddi of North Adams? They are all sponsoring legislation that would gut 2008's Question 2 that removed criminal penalties for possessing an ounce or less of marijuana. A proposition supported statewide by more than 64 percent of the voters. Alternatively, is it John Binienda and John Fresolo both representing Worcester who suffer more? They are the only sponsors of H. 3138, proposing a doubling and in some cases, quintupling of the penalties on those caught engaging in growing or commerce in marijuana. Representative Murphy's H 1836 repeals Question 2, while giving municipalities the option of accepting it. His H 1837 restores the criminal law to offenders encountered just about everywhere police are likely to encounter it. In 2009 and again this session this former Assistant District Attorney has filed these bills without co-sponsors. Representative Smola's H 507 seeks to make marijuana possession of any amount the only "possession only" controlled substance offense subject to a mandatory minimum 2-year sentence if possessed within 1000 feet of a school or 100 feet of a park. He files this, while legislation seeking to reduce expense to the taxpayers by reducing the number of non-violent offenders serving mandatory minimum sentences is making headway in the legislature. His H 508 seeks to reinstate criminal penalties for possession upon the operator of a motor vehicle in which police find marijuana in the passenger compartment, even if in a passenger's pocket. Alone this year, in 2009 Jeffrey Perry, Elizabeth Poirier and Richard Ross joined him. Jeff Perry has left the state legislature. Richard Ross won the Special Election to fill Scott Brown's seat and may have recovered. Elizabeth Poirier also may have recovered from her reefer madness. Perhaps the realization that more than 62 percent of their constituents voted for Question 2 cured them with a booster shot in November 2010 when a similar percentage told Ms. Poirier and other representatives in the area to "vote in favor of legislation that would allow patients, with their doctor' s written recommendation, to possess, grow, and purchase marijuana for medical use." Finally, there is H. 477 filed by representatives Pignatelli, Ross and Cariddi. It seeks to re-criminalize possession of an ounce or less of marijuana if captured on school, youth center, or community center grounds. Do they really want teenagers to once again receive a criminal history and possibly go to jail? I leave it to you to decide which of these nine legislators suffers the worst case of reefer madness. What I know for sure is that when making such proposals they are not adhering to the fundamental principles of our government founded upon the consent of the governed and those of justice, moderation and frugality, "absolutely necessary to preserve the advantages of liberty, and to maintain a free government." - --- MAP posted-by: Keith Brilhart