IT'S STILL ILLEGAL

More Public Pot Puffing Rules Unnecessary

In the wake of the ballot initiative that decriminalized possession
of small amounts of marijuana, authorities now are weighing the need
for laws to control use of the drug. Just as Question 2 was a
solution in search of a problem, passing local laws to curb behavior
that already is illegal strikes us as redundant.

To a majority of voters in November, making possession of one ounce
or less of marijuana for personal use a civil infraction seemed a
good idea. Time may yet prove them right. Nonetheless, the state's
Executive Office of Public Safety and Security this week urged local
officials to consider enacting rules that would make public
marijuana smoking a civil infraction, punishable with fines.

The concern is that some "liberated" pot users may choose to light
up in public and defy authorities to do their worst -- which can be
no more than a civil fine of $100 and community service. This may be
precisely the kind of "wrong message" that passage of Question
2 was bound to send, but officials should take time out before
raising the stakes.

The fact is, Question 2 changed little. Before the initiative was
passed, almost no one was prosecuted and ultimately branded with a
criminal record for simple marijuana possession, and it is unlikely
many more will face civil sanctions for such behavior now.

Moreover, while the new law decriminalizes marijuana possession, it
does not legalize it. Lighting a joint in public and getting caught
will result, at minimum, in confiscation and a fine. Police still
may arrest perpetrators for any accompanying crimes, or
conduct searches based on probable cause. Sharing marijuana with a
friend can still be classified as distribution, for which there may
be significant criminal penalties upon conviction.

The supporters of Question 2 assured Massachusetts voters that
decriminalization of marijuana possession would not lead to any
increase in usage, never mind a spike in conspicuous public
consumption. Until and unless those assurances prove to be wrong, we
suggest local authorities focus on more pressing public safety concerns.