POLICE SEE CONFUSION AHEAD WITH MARIJUANA DECRIMINALIZATION

NEWBURYPORT -- Area law enforcement officials are waiting for the
Legislature to clarify the new decriminalization of marijuana, but
they said the new law would likely cause confusion.

"It raises a lot more questions," said District Attorney Jonathan
Blodgett, who was treasurer for a political action committee that
opposed passage of the new law.

Blodgett and area police officials said the new law, which will make
possession of less than an ounce of marijuana a civil offense
punishable by fine instead of a misdemeanor, introduces complications
for officers. State voters approved by a 2-to-1 ratio a ballot
question to change the law, but the state Legislature will ultimately
write and pass the law. Rep. Mike Costello, chairman of the Public
Safety Committee, was unavailable for comment.

Newburyport Lt. Richard Siemasko said officers will have to determine
how much marijuana potential offenders have, instead of just
determining whether they have the drug.

"If you're arrested for possession of marijuana, we seize it and send
it to the state for testing -- will we still have to do that?"
Siemasko said. "How do we determine if it's an ounce? An ounce is an
awful lot of marijuana."

Blodgett said police will find it hard to charge potential offenders,
as residents are only required to carry identification when driving.
Someone without identification, especially a person who may be under
18 and thus not affected by the new law, could make it difficult to
issue a citation, he said.

"If they say no, police have to let them go or charge them with
disorderly conduct or disturbing the peace," Blodgett said. "If
you're not required to have ID and you're just walking around and (an
officer) wants to give a citation for marijuana possession, how does
he write it if there's no ID? What does the officer do then?"

Salisbury police Chief David L'Esperance said while penalties for
possession of marijuana may be reduced, motorists with the drug could
still face severe charges.

"If it's in the vehicle while you're operating it and it can be
suggested that a tie-in is made to the vehicle, you may very well
find yourself charged with operating under the influence,"
L'Esperance said. "It will be a civil infraction for the marijuana,
but a criminal charge for OUI."

The change presents logistical challenges as well, Blodgett said. The
state needs to figure out who will collect and enforce payment of the
new fines. Siemasko suggested that Newburyport add fines for
possession to its local bylaws, which is provided for in the language
of the question. That would allow the city to get fine money of its
own, he said.

"My suggestion is for Newburyport to put it in the local ordinances
so they can recoup all the money," Siemasko said.

L'Esperance said he hoped that regardless of how the law takes shape,
it won't encourage more marijuana use.

"I hope we don't see an increase because people are under the
mistaken impression that it's OK to use it," he said. "I'm not
expecting Cheech and Chong to appear in the neighborhood anytime
soon, but you never know."