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."