POLICE PREPARE FOR NEW POT LAW

The state District Attorney's Office and area police departments have
been scrambling to prepare for the new marijuana possession law that
goes into effect today a measure law enforcement officials strongly opposed.

Only days ago, the state Executive Office of Public Safety and
Security released an outline of the new law's citation process,
potential legal issues and rules for dealing with minors. On Tuesday,
the Bristol County District Attorney's Office met with area police
chiefs to review the guidelines so officers can begin enforcing the law.

"We're professional police officers," said Swansea Police Chief
George Arruda. "We're prepared to respond to Question 2."

In Massachusetts, those caught with an ounce or less of marijuana
will be charged only with a criminal offense and fined $100. Minors
will also be required to complete a drug awareness program. Question
2 was approved on Nov. 4 with 65 percent support.

Somerset Police Captain John Solomito said Somerset police "should be
all set" to enforce the new law. On Wednesday, he sent out memos to
officers with information he gathered from different state agencies.
"I don't feel it'll be a major adjustment," he said.

But many questions remain unanswered as the law goes into effect,
like what kind of citations to use, how to confirm that what is
seized is marijuana, or what to do with those caught with pot who
aren't required to identify themselves. "It's a little convoluted,"
said Fall River Police Chief John Souza.

The memo from the Executive Office of Public Safety and Security was
reviewed at Tuesday's meeting at the Fall River police station,
chiefs said. Officers who issue the citations aren't required to
attend court hearings, according to the memo. State, transit and
college police have the power to issue citations, and police can
search a person for marijuana when there is probable cause.

The EOPSS memo also specified that hashish and other drugs with THC
are also decriminalized, a detail that has largely escaped notice.
Anyone found driving under the influence of marijuana can still be
charged with that offense.

In a separate memo last week to school superintendents and
principals, the state Commissioner of Elementary and Secondary
Education Mitchell Chester said schools are authorized but not
required to suspend or expel students for marijuana possession. They
will not be asked to enforce the law, Chester said. Students who are
part of the MIAA, or Massachusetts Interscholastic Athletic
Association, will still be ineligible if they use pot or other drugs.

The law was opposed by Fall River Mayor Robert Correia, Bristol
County District Attorney Sam Sutter and most municipal and
enforcement leaders across the state.

"Decriminalization will lead to more crime, more usage, more dealers
and more serious arrests," Sutter said at a September rally in New
Bedford. Four murders in Bristol County this year were related to
marijuana possession, he said.

"I just think of the message this would send to every single middle
school and high school student if this question passed," Correia said
at the rally. "The message would be that marijuana would be OK."

In 2008, most people arrested for marijuana possession were also
accused of other violations or possession of additional drugs, said
Souza, the Fall River police chief. The department's annual training
program starts at the beginning of the year, he said, so officers
will have a chance to learn more about the new law.

The new law is something police departments will have to live with,
said Westport Police Chief Keith Pelletier. "We're all in the same
boat," he said. "We knew this would happen."

For now, marijuana users will also be able to avoid citations for
public use, unlike alcohol. But many police chiefs said they have or
will push their towns to enact a bylaw banning marijuana from public
places like sidewalks, parks, playgrounds, parking lots or any area
that is town-owned or controlled. Attorney General Martha Coakley's
office included a sample of such a bylaw in the EOPSS memo.

"That's one of the biggest issues towns are going to have to
address," Pelletier said. "We don't want public smoking, just like
drinking alcohol."

Souza said he plans to talk with Mayor Robert Correia, city attorneys
and City Council about creating a bylaw prohibiting public marijuana
use. "That's a very significant piece going forward," Souza said. "I
think that will happen in a lot of communities."

Arruda, the Swansea chief, also plans to talk to his town's
government leaders on a bylaw. "At this point, as we move forward,
it's obvious there are going to be some problems with the
implementation of handling the decriminalization of less than an
ounce," he said. "We'll have to work through it and we will work through it."

While police officers are on the front line, the impact of the new
law won't be realized until court cases create a precedent, said
Somerset Captain John Solomito. "Everyone has mixed feelings about
marijuana use," he said. "I just enforce the laws as they come down."