NEW MARIJUANA LAW HAS OFFICIALS CONCERNED OVER CRIME-FIGHTING ABILITIES

NEW BEDFORD -- Tuesday's decisive passing of the referendum to
decriminalize small amounts of marijuana has law enforcement officials
concerned about the law's impact.

"This implicates statutes on the books and a mountain of case law at
the state and federal levels," police spokesman Lt. Jeffrey P. Silva
said.

"I think it makes it more difficult to convince young people that
marijuana is really dangerous," Bristol County District Attorney C.
Samuel Sutter said.

Approximately 65 percent of Massachusetts voters approved of Question
2, which creates civil instead of criminal penalties for possessing 1
ounce or less of marijuana.

Rather than arresting and charging individuals, police will issue $100
fines. Juveniles caught possessing marijuana will have their parents
or legal guardians notified, and will be required to complete 10 hours
of community service.

The referendum's proponents argued the law was about creating a
smarter law-enforcement approach and eliminating the stigma of having
marijuana possession charges on someone's criminal record.

Law enforcement officials countered the law already results in
marijuana possession charges being dropped and criminal records sealed
for a first-time offense.

In retrospect, Mr. Sutter said the referendum's opponents should have
focused on its flaws. He noted there are no escalating penalties for
repeat offenders and that juveniles will face tougher sanctions than
adults.

However, what impact the new law could have may reside in the area of
probable cause, a legal threshold police officers need to stop and
search vehicles, apply for search warrants and arrest people.

If a police officer stops a vehicle and smells or sees marijuana,
current criminal case law says the officer has probable cause to
search the vehicle.

However, since possessing a small amount of marijuana will now be a
civil rather than criminal offense, officials believe the probable
cause standard is at risk. Defense lawyers could argue that being
cited for a civil matter is not a valid reason for police to conduct a
search.

"Case law will have to develop in reaction to the new legislation,"
said Mitch Librett, a criminal justice professor at Bridgewater State
College.

However, because marijuana remains illegal, Mr. Librett believes
police officers would still be in their rights to stop a vehicle.

"It's the officer's job to intelligently and accurately articulate
what led him to believe there was marijuana in the vehicle, and I
would imagine the court would support the police action," he said.

Another question is whether police can charge with conspiracy someone
seen buying or receiving 1 ounce or less of marijuana from a dealer
since the amount is not a criminal offense.

Mr. Sutter does not believe the new marijuana law restricts police or
prosecutors, but he expects legal challenges.

"We have in Massachusetts a creative and aggressive defense bar," he
said.

"This is something we'll see played out in the courts of the
commonwealth over the course of the next few years."