Pubdate: Sat, 06 Oct 2012
Source: Boston Globe Magazine, The (MA)
Copyright: 2012 Globe Newspaper Company
Contact:  http://www.boston.com/globe/magazine
Details: http://www.mapinc.org/media/3506
Author: Evan Allen

NEEDHAM EYES STIFFER FINES FOR PUBLIC MARIJUANA USE

As Massachusetts voters consider whether to legalize medical
marijuana, Needham officials have drafted a proposal for a bylaw that
would increase fines for consuming marijuana in public.

The purpose, according to proponents, is to send a message to the
town's teenagers that marijuana is still illegal.

"We're not trying to design this to weaken medical marijuana, we were
trying to design this to make sure there's clear guidelines on what's
permissible in public spaces," said Jane Fogg, a member of the Needham
Board of Health who has worked on the proposal. "We have no desire to
comment on what people do in the privacy of their home."

The proposed bylaw has been in the works for about two years, and is
not a direct response to the Nov. 6 ballot question on whether to
legalize medical marijuana, but the question gave the effort new
urgency, town officials said.

The bylaw is being proposed by Needham's Board of Health, Police
Department, and Public Health Department, and the Needham Coalition
for Youth Substance Abuse Prevention.

Proponents say they hope to get the bylaw on the Town Meeting warrant
next year. The Board of Selectmen has not taken a position on it,
according to chairman Jerry Wasserman.

Under the proposal, police could seek a criminal complaint with a fine
of $300 if someone is caught consuming marijuana in public, or issue a
citation with a fine of $200, in addition to penalties that already
exist.

In 2008, Massachusetts voters approved a ballot initiative that
decriminalized possession of small quantities of marijuana. Possession
of an ounce or less is punishable by a $100 fine.

If the medical marijuana question passes, qualifying patients will be
allowed to possess a 60-day supply of marijuana for personal medical
use. Next year, there could be no more than 35 nonprofit treatment
centers, with at least one but no more than five in a county. Patients
unable to make it to the centers would, under certain circumstances,
be allowed to cultivate their own marijuana.

Supporters of the ballot question say medical marijuana has the
potential to help thousands of people battling cancer, AIDS, Crohn's
disease, and other painful illnesses.

The question stipulates fines or jail time for people caught abusing
the law, and it does not allow users to consume marijuana in public.

Still, officials in Needham worry that the combination of easier
access to the drug and the perception that, as a medicine, it is not
dangerous will lead to blase attitudes among the town's teenagers.
Marijuana use appears to be rising in Needham's public schools,
according to a report, accompanying the bylaw in town materials, that
cites school incident reports and student feedback.

According to Needham Police Lieutenant Chris Baker, his department has
seen an uptick in marijuana possession in recent years. Between the
time decriminalization took effect in 2009 and the end of August, he
said in an e-mail, Needham officers cited 162 people for possession of
less than an ounce of marijuana. In the four years before
decriminalization, he said, police arrested or summonsed 46 people for
possession of marijuana.

He declined to speculate on what police expect if medical marijuana is
legalized.

"Marijuana needs to be respected for both its dangers and its
benefits," said Fogg. "It's not a highly dangerous drug, but addiction
occurs, secondhand smoke and carcinogen exposure are real dangers, and
can't be taken lightly."

As the election draws closer, communities across the area have reacted
differently to the possibility of legalized medical marijuana.

In some towns, officials haven't even discussed it.

"It hasn't even been on the radar," said David Alper, chairman of the
Belmont Board of Health. Officials are waiting to see whether the law
passes, he said, though it will be a topic of discussion at his
board's next meeting. "We don't want to come out and take a firm
position plus or minus if it's a nonissue."

"We have lots of things to work on, and frankly the issue has not even
come up," said Wellesley Executive Director Hans Larsen.

But in other communities, youth organizations, in particular, are
concerned about how the passage of the question would affect teenagers.

Natick Together for Youth, a community coalition affiliated with the
town's schools, is remaining neutral on whether the question should
pass, but project director Erica Dinerman said the group's members are
worried about what message its passage would send to youth.

"I guess I would echo the concerns of Needham, just based on how the
law is written, and what the regulations are around how it's going to
be monitored, and how that will affect youth access," said Dinerman.
"Since marijuana was decriminalized, youth in particular are confused
about what that means, and confused about legality . . . kids will say
that marijuana is legal."

The coalition is not taking a position on the question, she said, and
is instead trying to educate the public about what its passage would
mean, letting people make their own decisions.

Since marijuana was decriminalized, according to Needham officials,
more than 80 towns and cities have increased the fine for public
consumption.

"It doesn't make it criminal, it just bumps up the fine," said Fogg.
"One hundred dollars did not feel like it was dissuading people."

Officials are not trying to block access to medical marijuana, she
said. Rather, they are trying to ensure that public spaces stay
marijuana free.

"We expect there will be more availability of marijuana for both
legitimate medical users, patients, as well as people who are not
legitimate," if the measure wins approval, she said. "If somebody has
a card for medical marijuana and is smoking on their property, that is
perfectly fine. If they went to the middle of town in the Fourth of
July parade, and they were smoking in public, that is an intoxicant,
and not appropriate."
- ---
MAP posted-by: Matt