GIRDING FOR NEW MARIJUANA LAW, STATE OFFERS ENFORCEMENT TIPS

Police officers should issue tickets, similar to a building code
citation, to anyone possessing an ounce or less of marijuana, under an
advisory released by the state yesterday recommending ways to manage
the law decriminalizing possession of the drug.

The law is effective Jan 2.

Violators may appeal the citation - a civil infraction - in court
within 21 days or pay the $100 fine set by the statute. Municipalities
would be responsible for collecting the fines, according to the
recommendations.

With much confusion over how police should handle marijuana
possession, ranging from enforcement measures to whether officers
themselves can be punished for using the drug, the state's Executive
Office of Public Safety and Security released the seven pages of
guidelines hoping to set a clear standard before the law takes effect
Friday.

The guidelines, which are not binding, were issued even as aspects of
the law continue to trigger new questions - such as whether people who
smoke marijuana in public face only the civil fine as punishment.

"It gives some people guidance so that they can move forward, so that
we can eliminate any confusion as to how this statute is meant to be
applied, and alleviate any concerns," said Kevin M. Burke, secretary
of Public Safety and Security.

The recommendations also unveiled new interpretations of the
initiative petition, similar to acts passed in 13 states, that was
approved overwhelmingly by voters in November. Not only is possessing
an ounce or less of marijuana a civil offense, but the same amount of
any substance - including hashish, or hash oil - with the active
ingredient THC would also be decriminalized.

In addition, the state is asking communities to consider passing local
ordinances criminalizing the use of marijuana in public, which, as of
Friday, would not warrant any punishment beyond the civil citation.

The law states that simple possession is not an arrestable or
reportable offense that would taint someone's criminal record.

Violators under 18 years of age would have to pay the fine and attend
a drug abuse counseling course, or have the fine increased to $1,000.

But the law does not specify how the fine should be issued, leaving
decisions up to communities. "There needs to be a statewide standard,"
said Brockton Police Chief William Conlon, who said the law as written
leaves too much discretion to local communities. "It wouldn't be fair
to anyone to have a different standard across the state."

Elaine Driscoll, a Boston Police Department spokeswoman, said
Commissioner Edward F. Davis has not seen the state's recommendations,
but said he will review them while also seeking the counsel of city
lawyers. She said the commissioner has contacted City Hall on the
possibility of a bylaw banning the use of marijuana in public, but no
determination has been made.

Under the state's recommendations, police would have to rely on their
training and experience to identify whether a substance is marijuana
and determine the amount. The individual can be arrested if it exceeds
an ounce.

If a ticket is issued, the substance would not be tested, since no
crime is involved. However, Burke said, the officer's testimony could
be used in a court hearing if the ticket is appealed.

Burke said his agency and the state Department of Youth Services is
establishing a drug counseling program for juveniles that would be
funded by the state. However, it will be several weeks before details
of the program are announced, he said.

Municipalities would be responsible for creating and tracking their
tickets in partnership with local courts, and for collecting fines.
Revenues will go into the community's general fund.

Addressing concerns that police officers would be allowed to use
marijuana, the recommendations note that the law does not ban
municipalities from following their own personnel policies, which
typically maintain that public safety employees refrain from any
illegal substance.

The state Department of Elementary and Secondary Education issued its
own advisory yesterday stating that the law does not restrict public
or charter schools from following their own disciplinary procedures
regarding marijuana possession on school grounds or at school events.

"This doesn't change the existing policy of schools," said Heidi
Guarino, chief of staff for the education agency. "In no way do we see
this as an open door for students to start bringing pot to school, no
way."