QUESTION 2 WILL WORK

To the Editor:

As Question 2 is being implemented across the state, opponents just
can't resist clamoring that the new law reducing penalties for adult
possession of an ounce or less of marijuana will somehow cause the sky
to fall.

The law isn't nearly as complicated as some suggest, nor does it tie
the hands of law enforcement officers or local officials. For example,
it has been reported that under Question 2, smoking marijuana in
public is now just a civil offense ("New pot law poses question on
enforcement," Martha's Vineyard Times, January 8, 2009). This is incorrect.

The public use of marijuana was not specifically a crime before
Question 2 took effect, because it wasn't needed - offenders were
simply arrested for possession.

But there is nothing in Question 2 to prevent towns and cities from
enacting ordinances making public use an offense. In fact, Question 2
specifically reserves that right to localities. They merely need to
ensure they do so in a manner that doesn't conflict with the intent of
Question 2.

Question 2 will work. It is already working where officials are making
an honest effort at implementation. But for those still fighting the
new law, refusing to respect the will of 65 percent of Massachusetts
voters will backfire long before the provisions of Question 2 do.

Nathan Miller

Washington, D.C.

Editor's Note: In a telephone conversation, Nathan Miller, who is an
attorney, said there is a legal distinction between "smoking" and
"possessing" marijuana in public. Though he agrees that smoking is by
definition possession, he contends it is inaccurate to write that it "is now
only a civil offense to smoke marijuana in public." We disagree. While Mr.
Miller points out police could arrest someone for violating a town ordinance
prohibiting disorderly conduct, disturbing the peace, or public
intoxication, in the view of police interviewed for The Times article, no
one could be arrested on a charge of possessing marijuana in quantities of
less than an ounce, in public or anywhere else. Under current state or local
laws, such persons could only be cited for a civil violation.