QUESTION 2: IN SEARCH OF A PROBLEM

In the bigger picture, there certainly are more pressing issues than
criminally prosecuting those who privately use marijuana.

We think, however, that Question 2 asking voters to decriminalize
possession of an ounce or less of pot in order to relieve juveniles
and adults of criminal records for misdemeanors is the wrong way to
go about solving the problem.

We do not believe marijuana is any more a gateway to harder drugs
than alcohol or tobacco are. We do believe, though, this is a gateway
referendum, if successful, to legalizing or decriminalizing other
drugs and that is a door we would not like to see opened.

Under the proposed law, anyone caught with an ounce or less of
marijuana would receive a civil citation for $100. There are no
escalating penalties or punishment for subsequent violations.

The marijuana possession laws currently on the books in Massachusetts
are not draconian. Under mandatory sentencing guidelines, first-time
offenders have their cases continued without a finding and, after six
months, the charges are dismissed and there is no record. There are
also diversion classes for adults that require drug education and
community service.

Backers of the question rightfully point out there is no juvenile
diversion when a minor is caught with marijuana. That, however, can
be changed in the Legislature and we would urge lawmakers to do just that.

Those arguing for decriminalization also claim even an arrest
generates a Criminal Offender Record. But the CORI law specifically
prohibits private citizens, employers or other non-governmental
agencies from accessing records of someone not convicted of a felony
or who hasn't gone through the corrections system. Reforming CORI
should not be through decriminalizing a drug.

The backers also point out the cost of policing marijuana use, citing
one economic study that determined the state spends about $29.5
million a year on arresting and booking those charged with possessing
less than ounce. With 7,500 people charged with that offense each
year in Massachusetts, that works out to be $4,000 each person. We
find that figure hard to accept for simple processing.

There are many actions we do as teens we'd never want to be judged on
later in life, such as shoplifting. But the solution is not to allow
children to steal candy.

Marijuana is a mind- and mood-altering substance that affects
cognitive abilities and reasoning. It also has harmful physical
effects much like tobacco.

While many argue tobacco is legal, we'd have to wonder what its
status would be if what we know about its harmful effects were on the
table with lawmakers deciding its fate. And, in fact, some states
have harsher penalties for minors buying cigarettes than we would for
possession of marijuana, should this question pass.

Question 2 just goes too far for an activity that affects, by even
supporters best estimates, roughly 12 percent of the state's
residents. As one district attorney rightfully said, it is a solution
in search of a problem.