STATE REP WANTS STIFFER PENALTIES FOR POT DEALERS AND GROWERS

Rep. Driscoll's Bill Would Toughen Law For Selling, Growing
Marijuana

BRAINTREE - State Rep. Joseph Driscoll has filed legislation aimed at
toughening laws against growing and selling marijuana. "The recent
ballot initiative made clear that the voters do not want to target
people who possess marijuana on first offenses," the Braintree
Democrat said.

Driscoll, a former Norfolk County prosecutor, said drug dealers should
know that Massachusetts will not be a haven for their illegal activities.

Voters approved a referendum in November that decriminalized
possession of less than one ounce of marijuana and imposed a $100
civil fine. Minors would also be required to take a drug-abuse
counseling course. The new law took effect Jan. 1.

Driscoll, who opposed the referendum question, said nothing prevents a
drug dealer from selling marijuana to a minor.

Under current law, it is a misdemeanor to sell marijuana to a minor
and a felony to sell other drugs to juveniles.

"Five years in state prison will act as a deterrent," he
said.

Driscoll said data collected by the state Department of Public Health
and the National Center on Addiction and Substance Abuse at Columbia
University has found that marijuana use is the leading cause of
adolescent hospital admissions for substance abuse treatment in
Massachusetts.

The same data revealed that children used marijuana before they tried
alcohol.

"These facts are alarming," Driscoll said, "and the implicit message
sent to minors is that marijuana use is not a big deal."

Driscoll, whose district also includes single precincts in Holbrook
and Randolph, said more alarming is the message to drug dealers that
there is very little risk, but a high financial reward, in dealing
marijuana.

Driscoll said law enforcement authorities have reported that an ounce
of marijuana can fetch a hefty profit for drug dealers - $200 to $300
in less urban areas and $500 to $600 in cities and large towns.

He pointed to so-called "grow houses," including one in Braintree in
which authorities seized 367 marijuana plants in 2007 and another in
Randolph where 300 plants were found recently.

"For quantities greater than one ounce, the assumption would be that
the penalties would be stiff - however, they are not," Driscoll said.
"Under current law, it is only a misdemeanor to possess marijuana, or
grow it with an intent to distribute it."

Driscoll said one of his bills would lower the amount of marijuana
necessary to charge a drug dealer with trafficking from 50 pounds to
one pound.

PROPOSED POT PENALTIES

Here are some of the penalties state Rep. Joseph Driscoll,
D-Braintree, is proposing for marijuana growers and sellers:

a.. Up to five years in state prison or up to 21/2 years in jail and a
fine of $1,000 to $10,000. b.. A prison sentence of five to 15 years
for a subsequent conviction and a fine of between $1,500 and $25,000.
c.. A prison sentence of three to 15 years or a jail sentence of two
to 21/2 years and a fine of $2,500 to $25,000 for 1 to 5 pounds. d.. A
prison sentence of five to 20 years and a fine of $5,000 to $25,000
for 5 to 10 pounds. e.. A prison sentence of to 20 years and a fine of
$10,000 to $100,000 for 10 to 20 pounds. f.. A prison sentence of 15
to 20 years and a fine of $50,000 to $500,000 for 30 pounds or more.
g.. A state prison sentence of five to 15 years and a fine of $1,000
to $25,000 for selling to a person under the age of 18.