STATE CERTIFIES ELECTION; NEW POT LAW IN FORCE ON JAN. 2

BOSTON-- It's official. The votes have been counted and certified and
the 2008 election process is over.

The state's results were certified Tuesday by a vote of the Governor's
Council, which means the governor will send winning candidates an
official notice of their election and new statutes adopted by
referenda to decriminalize possession of marijuana and prohibit
greyhound dog racing are set to become law Jan. 2.

The Governor's Council made rapid work of the final formal step in the
state election process when it voted unanimously to certify the
election results Tuesday on a voice vote that took less than 30
seconds and garnered no discussion.

On the federal level, the Electoral College is set to meet Dec. 15 to
formally elect Sen. Barack Obama as president and Sen. Joseph Biden as
vice president.

In a record turnout for the state, 3,102,995 voters cast ballots in
the Nov. 4 election out of a total population of 6.4 million. Mr.
Obama won all 12 of the state's electoral votes with 1,904,097 votes
to Sen. John McCain's 1,108,854, giving the Democrat a margin of 61.8
percent to 35.99 percent.

Brian S. McNiff, spokesman for Secretary of State William F. Galvin,
said that under state law established by a 1972 Supreme Judicial Court
ruling, referenda approved by voters must take effect 30 days after
the official certification by the Governor's Council.

The dog racing law will be in effect starting Jan. 2, but will only
begin to prohibit dog racing on which betting occurs starting Jan.1,
2010, as stipulated in the initiative petition that appeared on the
ballot. The state Racing Commission will be prohibited from accepting
or approving any applications or requests for dog racing dates after
Jan. 1, 2010, and any person violating the law could be required to
pay a civil penalty of not less than $20,000.

The marijuana law will replace the present criminal penalties for
possession of one ounce or less with a new system of civil penalties.
Civil offenses under the law would be excluded from the state's
criminal offender record information. Adults found in possession of up
to one ounce under the new law would be subject to forfeiture of the
marijuana and a $100 fine.

Offenders under 18 would be subject to the same forfeiture and, if
they complete a drug awareness program within one year of the offense,
the same $100 fine.

For offenders under 18 the new law also requires their parents or
legal guardian be notified of the offense and the option for the
offender to complete a drug awareness program that is to be developed
by the Department of Youth Services. That program could include 10
hours of community service and at least four hours of instruction or
group discussion concerning the use and abuse of marijuana and other
drugs.

The penalty for those under 18 who fail to complete a drug awareness
program within one year could be increased to $1,000 unless the
offender showed an inability to pay, or an inability to participate in
such a program.

The law specifies possession of an ounce or less can not be grounds
for state or local government to impose any additional penalties or
sanctions, such as denying student financial aid, public housing,
public financial assistance, unemployment benefits, the right to
operate a motor vehicle or the opportunity to serve as a foster parent
or adoptive parent.

The law would allow local ordinances or bylaws that would prohibit
public use of marijuana, and will not affect existing laws concerning
operating a motor vehicle or other actions while under the influence
of marijuana or selling, manufacturing or trafficking in marijuana.

The money from fines under the new law will go to the city or town
where the offense occurred.

Gov. Deval L. Patrick has directed the Executive Office of Public
Safety and Security to prepare plans to implement the law before the
effective date. Jill T. Butterworth, spokeswoman for the attorney
general's office, said yesterday that the office will develop plans to
enforce the new law in coordination with other law enforcement
agencies over the next 30 days.

"Our office will continue to work collaboratively with EOPSS and the
district attorneys and law enforcement agencies on implementation,"
she said. "It's an ongoing process."