A RESPONSIBLE CHANGE TO AN UNFAIR LAW

BY ENDING the creation of permanent criminal records for minor
marijuana offenders, dealing with juvenile marijuana use in a stricter
yet more responsible way, and saving taxpayers an estimated $30
million a year, Question 2 will work for Massachusetts.

Question 2 creates a civil penalty system for personal possession of
an ounce or less of marijuana. It replaces arrest with a citation
similar to a speeding ticket, and ends the creation of permanent
arrest records known as Criminal Offender Record Information reports.
CORIs are particularly damaging: They're generated solely upon arrest
- - meaning that a person can be exonerated or have the charges dropped
yet still carry the record for years, imperiling the ability to gain
employment, housing, and other necessities. And while CORIs are
supposed to be removed after a set period of time, the system is
broken: There are 2.8 million records in the database, in a state with
just over 6 million residents.

CORIs and the collateral sanctions resulting from the 7,500 low-level
marijuana arrests each year also cost individuals their ability to
adopt children, get bank loans, and participate in many community activities.

Question 2 will rectify this by eliminating CORIs for low-level
marijuana possession offenses. Marijuana remains illegal under
Question 2, and all related laws - including laws banning sales,
distribution, and trafficking - remain unchanged. Additionally,
Question 2 in no way affects laws or regulations prohibiting driving
under the influence or workplace intoxication.

Question 2 takes a more proactive approach to juveniles than does the
current law. Offenders under 18 will have the citation delivered to a
parent or guardian, so the family is immediately involved - which
isn't necessarily the case currently. Instead of worrying about
attorneys, court dates, and navigating the criminal justice system,
families can focus on the young person.

Under Question 2, those issued a citation must complete a drug
awareness program and community service.

Eleven states have enacted similar laws. The National Research Council
concluded that "cross-state comparisons in the United States have
found no significant differences in the prevalence of marijuana use"
between those 11 states and the rest of the country. The World Health
Organization released a study this year saying that "countries with
stringent user-level illegal drug policies did not have lower levels
of use than countries with liberal ones."

According to Harvard economist Dr. Jeffrey Miron, Question 2 will save
taxpayers almost $30 million a year in arrest, booking, and basic
court costs alone. And this doesn't include any additional court
costs, probation costs, or loss of taxable earnings due to a person's
inability to work or to go to school after the loss of a driver's license.

Question 2 will keep these funds where they belong - in community
coffers, where they're needed for local programs and to fight violent,
serious crimes. Additionally, all fines generated will stay in the
community where the offense occurred.

Question 2 is a good, modest public policy proposal that will conserve
taxpayer resources and remove these outrageous, unfair lifelong penalties.