MARIJUANA NOT (QUITE) LEGAL

Voters showed landslide-margin support for decriminalizing possession
of small amounts of marijuana, but law enforcement officials say the
way to implement the law passed as Question 2 on Tuesday's ballot
isn't laid out clearly.

Under the ballot initiative -- approved by 65 percent of voters and
prevailing in nearly every city and town in the state -- those caught
possessing an ounce or less of marijuana would be subject to a $100
fine, similar to a speeding ticket, but no jail time.

The new law still needs to be endorsed by the governor's council,
which ratifies state election results. It then would take effect in 30
days, likely at the end of this year or early next year, according to
the secretary of state's office.

"There's a lot of work that still has to be done to put all this
together," said Barnstable County Sheriff James Cummings, an opponent
of the measure. "I don't know if the $100 fines are going to add up to
whatever it's going to cost to implement it."

The state's district attorneys will meet tomorrow to discuss how to
move forward, said Cape and Islands District Attorney Michael O'Keefe,
president of the Massachusetts District Attorneys Association and the
lead spokesman for the opposition effort.

While there is a Registry of Motor Vehicles to collect speeding ticket
fines, "we don't have a registry of dope smokers in Massachusetts, and
apparently we're going to have to create one in order to effectuate
this statute," he said.

The Mechanics Elsewhere

In Maine, where possession of an ounce and a quarter or less of
marijuana is a civil penalty, fines are assessed and collected through
the court system. The statute there calls for a fine of not less than
$350 and not more than $600, said Roy McKinney, director of the Maine
Drug Enforcement Agency.

In Ohio, those caught with a small amount of marijuana are subject to
a $100 fine and the temporary loss of a driver's license, which is
likely an even bigger deterrent than the fine, said Bill Williams,
coordinator of the Clermont County Drug Unit. They have the option of
simply paying the fine through the mail or appearing in court to
contest the citation, similar to a speeding ticket, he said.

Massachusetts Attorney General Martha Coakley's office will be working
with the state's district attorneys to figure out what the new law
requires here, according to a statement from her office.

"Question 2's passage not only authorizes the decriminalization of
small amounts of marijuana, but also establishes a parallel civil
regulatory structure that does not currently exist," the statement
says.

"At this time, we are reviewing all of the implications of the new law
and whether further clarification or guidance is needed."

Repeal Possible

As with any state law, the Legislature has the right to amend the
statute, or even throw it out, secretary of state spokesman Brian
McNiff said.

But with the number of votes in its favor, the Committee for Sensible
Marijuana Policy, which championed the cause in the state, is
confident the law will stand.

"We knew that we had support, but winning 65 percent of the vote is a
mandate," committee spokeswoman Whitney Taylor said. "We knew that the
people were ahead of the politicians on this and they came out and
voted in favor of this smart policy."

While opponents see the measure as a potential gateway to more drug
problems, proponents see widespread support of Question 2 as a
potential gateway to more deregulation.

Current state law says possession of marijuana is a criminal offense
subject to a $500 fine and six months in jail.

Although it may sound small, O'Keefe said an ounce of marijuana is the
size of a small loaf of bread and is enough to keep two people stoned
for two months.

"We're obviously very disappointed and very concerned about the
effects this will have on young people, particularly at-risk kids in
our society," he said.

Officials at the Gosnold Treatment Center on Cape Cod were also
disappointed, though not surprised by the outcome, believing that
supporters of the question overstated the impact a minor drug arrest
could have on one's life.

"We're concerned that this normalizes the use of a drug that is very
well known to be a gateway drug to other more serious drug use," said
Raymond Tamasi Gosnold's chief executive officer. "We will do whatever
we can to counter this very ill-advised decision on the part of the
citizenry."

Although the committee behind the initiative petition will officially
disband, Taylor is in support of a bill filed by state Rep. Frank
Smizik, D-Brookline, that would legalize the use of marijuana for
medical purposes.

Several towns in the state also voted this week on a non-binding
question on the medical marijuana policy. It passed by more than 70
percent in each of the four districts.

The group that floated the medical marijuana questions is headed up by
a Cape native. The National Organization for Reform of Marijuana Laws
had put out similar feelers about decriminalization of an ounce or
less dating back to 1994, and never lost, said Allen St. Pierre, the
organization's executive director and a 1983 graduate of Chatham High
School.

It's possible there could be a binding initiative on the medical
marijuana issue as soon as 2010, St. Pierre said.

"States have the purview to set their drug laws," he said. "What we've
seen is over the years that when given the opportunity to vote for
decriminalization laws, there's really not much of a precedent for
citizens doing anything but that."

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STATUS REPORT

What is the law?

In its current form, the law will make the possession of an ounce or
less of marijuana a civil penalty instead of a criminal offense. But
as a statute, it can be amended or repealed by the
Legislature.

When does it go into effect?

The law goes into effect 30 days after the election results are
ratified by the governor's council, which should be late December or
early January.

What's the penalty?

If, and when, the new law takes effect, being caught with an ounce or
less of marijuana would result in a $100 fine and forfeiture of the
drug. Violators under 18 also would be required to complete a drug
awareness program, and their parents would be notified. If the program
is not completed, the fine would increase to $1,000.