CAPE TIP CHIEF SAYS ISSUES IMPACT NEW POT LAW

It looks like those waiting to exhale might have to wait a
little longer.

Provincetown Police Chief Jeff Jarran said there remain a lot of
unresolved issues regarding the law decriminalizing marijuana that
goes into effect Jan. 2 and that according to the police chief's
association, the state Legislature is preparing to address the
question in the new year.

"We're not looking to enforce it on Jan. 2," said Jarran regarding the
change in the law required by Question 2.

On Nov. 4 Massachusetts voters passed Question 2, which decriminalizes
small amounts of marijuana, with 65 percent of the vote. According to
the state constitution, ballot questions take effect 30 days after
being certified by the Governor's Council. The vote was certified Dec.
3 so the new law should go into effect Jan. 2.

The new law approved by the voters decriminalized the possession of an
ounce or less of marijuana. Anyone caught with less than an ounce
would be issued a $100 ticket and would forfeit the marijuana.

Those under age 18 would be required to go through drug and alcohol
counseling; a failure to do so would carry a $1,000 fine.

Under current law, someone arrested for marijuana possession could
face up to six months in prison and face a $500 fine.

Massachusetts became the 12th state to decriminalize small amounts of
marijuana when it passed Question 2. The possible delay in the
implementation of the new law could be because there is no structure
in place to issue and collect the fines, say the state's district
attorneys and attorney general. While Gov. Deval Patrick and the
secretary of state, who were opposed to Question 2, said they will
honor the vote, it is still unclear if it will be implemented on Jan.
2, as required by the state constitution, due to lingering enforcement
questions as Massachusetts develops a system to deal with the new law
as required by the voters.

Other states have already implemented similar procedures similar to
those required by Question 2. In Maine, where possession of an ounce
and a quarter or less of marijuana is a civil penalty, fines are
assessed and collected through the court system. The statute there
calls for a fine of not less than $350 and not more than $600,
according to Maine state law. In Ohio, those caught with a small
amount of marijuana are subject to a $100 fine and the temporary loss
of a driver's license, with the option of paying the fine through the
mail or appearing in court to contest the citation, similar to a
speeding ticket.

Aside from the technical issues there is still concern among law
enforcement officials that the decriminalization effort sends the
wrong message to youths across the state. Locally, Jarran is not only
worried about the community's young people, but also how tourists from
out of state might misunderstand the new law once the busy summer
season begins. Prior to a public information campaign, many out of
state tourists were arrested for possession of amyl nitrate, commonly
known as "poppers," which are illegal in Massachusetts, but not in
most states.

"Any time there is new legislation there are growing pains," said
Jarran.

Over the years Provincetown voters consistently expressed their
support for the decriminalization of marijuana. Former Selectman David
Atkinson successfully moved to file a home rule petition at 1999
annual town meeting to legalize the use of medical marijuana. And
Barbara Rushmore first moved to decriminalize marijuana by a town
meeting vote in 1976. Thirty years later at town meeting Rushmore once
again placed an article on the warrant to essentially decriminalize
marijuana, by instructing police to issue $50 tickets for the
possession of small amounts. Both initiatives passed by a town meeting
vote. One of Rushmore's points is that by decriminalizing small
amounts the town would save money on associated police overtime, an
argument also made by the Committee for Sensible Marijuana Policy, the
proponents of the statewide question.

"We could discuss this until the cows come home," said Jarran, who
added that it might free up some of the police officers' time, but
that that doesn't make it a good idea.

Jarran worked to successfully defeat a similar question in New
Hampshire, where he lived and worked before his arrival in
Provincetown.

Provincetown residents voted in favor of Question 2 by one of the
highest margins in the state. With 85 percent of the town supporting
decriminalization, Provincetown joins the Martha's Vineyard towns of
West Tisbury and Aquinnah, which voted for the question 85 percent and
86 percent respectively, as being the biggest supporters in
Massachusetts.

Regardless of what happens, Jarran said that he believes problems will
arise in the future with implementation.

"They'll rear their ugly head," said Jarran to the problems he sees
with the new law. "We'll deal with it. We always do."