MARIJUANA QUESTION RAISES SOME QUESTIONS

NORTHAMPTON - As they await the implementation of a ballot initiative
that decriminalized the possession of an ounce or less of marijuana,
police and prosecutors here remain uncertain what kind of adjustments
they will have to make.

About two-thirds of Bay State voters approved Question 2 on Tuesday's
ballot, instituting a $100 fine for possession of marijuana in lieu
of a criminal charge. Proponents of the measure argued that the civil
fine was a more appropriate punishment for simple marijuana
possession than a criminal record.

On Wednesday, Hampden District Attorney William M. Bennett, said he
will drop all pending charges of marijuana possession of an ounce or
less and cease prosecuting new cases. Both Bennett and Northwestern
District Attorney Elizabeth D. Scheibel were outspoken opponents of
Question 2. However, Scheibel's office said Friday that it will take
a more cautious approach.

Deputy First Assistant District Attorney Elizabeth Dunphy Farris said
Scheibel plans to meet with her fellow district attorneys before
deciding how to respond to the impacts of Question 2.

"The district attorney is open to determining what to do with pending
cases," Farris said. "A uniform approach would be helpful."

Secretary of State William F. Galvin is expected to present the
election results to the Governor's Council in early December. Once
the council certifies those results, it will take another 30 days for
the law to go into effect. In the meantime, a mechanism for issuing
fines needs to be worked out.

Northampton Police Chief Russell P. Sienkiewicz said he is uncertain
how the fines will be processed and what governmental entity will
handle the money.

"The civil regulatory structure doesn't exist now," he said.

Sienkiewicz said it is also unclear how police officers are supposed
to determine if an amount of marijuana exceeds an ounce when dealing
with people on the street. Both Sienkiewicz and Dunphy Farris also
said it remains to be seen how much privacy Question 2 will ensure
someone caught with marijuana. Although marijuana possession no
longer constitutes a crime, there will be a record of the fine on
police logs, Sienkiewicz said.

According to Dunphy Farris, the majority of people arrested for
marijuana possession in Hampshire and Franklin counties are diverted
into substance abuse programs while their cases are continued. Once
completed, the charges are usually dropped.

Between July 1, 2006 and Sept. 23, 2008, only 88 of the more than
1,700 marijuana possession cases in the Northwestern District
Attorney's jurisdiction resulted in a guilty finding, Dunphy Farris said.