POLICE HASH OUT MARIJUANA LAW

BOSTON -- A voter-approved law to decriminalize possession of small
amounts of marijuana goes into effect Friday, despite protests from
law enforcement officials that they need more time and guidance from the state.

The Executive Office of Public Safety and Security issued guidelines
on the new law Monday, less than two months after 65 percent of
voters approved the measure in a statewide referendum.

On Friday, the law will make possession of one ounce or less of
marijuana a civil offense, subject to a $100 fine like a traffic
ticket. Offenders under 18 will be required to take a drug awareness
program, or pay a $1,000 fine.

Possession of small amounts of marijuana has been a criminal offense
in Massachusetts, punishable by a $500 fine and up to six months in jail.

Public Safety Secretary Kevin Burke said the guidelines answer many
questions that have been raised by police and prosecutors in the past
eight weeks.

"It's going to go into effect Jan. 2, no matter what," Mr. Burke
said. "I think these guidelines alleviate many of the concerns
expressed by various stakeholders who would have some enforcement or
review of the law."

A sampling of the guidelines: Police departments still can discipline
their own officers for possession and use of marijuana; small amounts
of marijuana will no longer be sent to the crime labs for testing;
and police can still conduct searches and vehicle stops of
individuals if there is probable cause.

The guidelines say criminal penalties for selling marijuana remain
unchanged. Mr. Burke's office concluded that the law may
decriminalize small amounts of hashish, a potent form of marijuana.

And Mr. Burke is advising cities and towns to enact ordinances
banning the public use of marijuana. The ballot question permits such
a prohibition.

In a separate advisory opinion, state education Commissioner Mitchell
Chester said schools will still have the power to discipline students
who possess small amounts of marijuana on school grounds, including
through suspension or expulsion.

Gov. Deval Patrick, Attorney General Martha Coakley, and police
chiefs and district attorneys strongly opposed Question 2 on
November's ballot, saying it promoted drug use. Bristol County
District Attorney C. Samuel Sutter and Bristol County Sheriff Thomas
Hodgson even spoke against Question 2 on the steps of the Statehouse last fall.

The Patrick administration declined a request by prosecutors to delay
the law past Jan. 2.

Cape and Islands District Attorney Michael O'Keefe said the
last-minute guidelines don't do enough. Mr. O'Keefe recently finished
his term as president of the Massachusetts District Attorneys
Association and was a vocal opponent of the ballot question.

"I'm hearing from police departments that they have no citation
books," Mr. O'Keefe said. "They don't really understand this law. "|
We expected the governor to file for an extension to properly vet all
of the issues that were involved. He has decided not to do that."

Mr. O'Keefe believes the proponents of the ballot question intended
to make it difficult to enforce. Prosecutors say people could claim
they aren't carrying marijuana if it's not being tested at the state
lab, or they could give a false name if they are stopped on foot. The
state's drug education program for young offenders also isn't ready.

"This essentially is kind of unfortunate evidence of what we had been
arguing during the campaign, that this is the de facto legalization
of under one ounce of marijuana," Mr. O'Keefe said.

The Committee for Sensible Marijuana Policy spent $1.2 million on the
law's passage, including $400,000 from billionaire activist George
Soros of New York City.

Whitney Taylor, a spokeswoman for the committee, said it would save
police time and money, while making sure young people didn't pay for
one mistake with a lifelong criminal record.

She said the district attorneys "are still campaigning."

Eleven other states have passed similar laws decriminalizing small
amounts of marijuana.

"There's no reason there should be a delay at all," Mr. Taylor said.
"Almost every municipality has a municipal citation booklet ...
everything from dogs off the leash and other types of citations."

Mr. Burke said the state didn't have much time to prepare, but he
said police departments should be able to quickly print up citations,
"especially in this day of desktop computers."

The guidelines include a sample local ordinance from the attorney
general's office.

The Department of Youth Services and the Executive Office of Health
and Human Services are creating a drug education program to comply
with the law, but they lack funding. Mr. Burke said the program would
be up and running "as quickly as they can put it together."

Rep. Jeffrey Davis Perry, R-Sandwich, the ranking Republican House
member on the Public Safety and Homeland Security Committee, opposed
the ballot question.

"It's disappointing that the governor's office, the secretary,
couldn't have come out with a more comprehensive and prompt set of
regulations and suggestions on how the DA's and police should handle
this," said Rep. Perry, a former Wareham police officer. "Obviously,
the police officers, the ones on the streets and the chiefs are the
ones that are being put in a tough spot here."

Mr. Burke didn't foresee making recommendations to the Legislature
until the state saw how the law was working.

He said the state closely observes "any new law, this law especially.
We will continue to work with police departments."