DANVERS POLICE SET TO ENFORCE MARIJUANA LAW

Danvers - Although not happy that individuals found with one ounce or
less of marijuana will no longer be subject to arrest, Danvers Police
are ready with $100 tickets for such individuals and parental
notification forms for those under 18, said Police Chief Neil Ouellette.

Voters passed the decriminalization of marijuana through a ballot
question in the November elections. The law became effective Jan. 2.

The law states that possession of an ounce or less of marijuana will
be a civil offense, punishable by a $100 fine. Much like a parking
ticket, those caught with the drug can appeal the ticket within 21
days. For those under 18 caught with the drug, in addition to having
to pay the fine, teens will have their parents notified and will also
have to complete a drug-education program within one year of the offense.

The law didn't legalize marijuana use or possession," explained Chief
Ouellette this week. "The law just made it a civil penalty."

Some police departments in the state have reportedly decided not to
report any marijuana use, since they consider the law flawed and
unenforceable. But, Danvers police are not among them, Chief Oullette
emphasized.

We get paid to enforce the law. Our officers will be out there and
will continue to do their jobs as they do every day," the chief said.

Under the new law, marijuana is still defined as contraband, and
according to the state's Executive Office of Public Safety, all laws
concerning distributing, selling, manufacturing or trafficking the
substance, remain intact. If there is probable cause to believe that a
suspect is engaged in distribution or possession with intent to
distribute, then police may charge that suspect criminally. Also
unchanged are laws related to driving under the influence of marijuana.

The Essex County Chiefs of Police had a meeting Wednesday, Jan. 7, at
District Attorney Jonathan Blodgett's Office, to learn more about the
law and its implications for police, Ouellette said.

In addition, Danvers police met on Thursday, Jan. 8, with lawyer John
Scheft who comes in from time to time to update them on legal matters.
So, by Friday they felt comfortable about the tickets and parental
notification form that they will be issuing.

Ouellette joins other police who are not "entirely comfortable" with
the new law, since one ounce of marijuana can make up to 60 marijuana
cigarettes, which he indicated is not insignificant.

Yet the new Massachusetts law is not unique. The state is one of a
dozen or so states that have similar decriminalization laws, including
Ohio, Oregon, North Carolina and New York.

The thing that's been lost is that this is nothing new," said Bruce
Mirken, spokesman for the Washington, D.C.-based Marijuana Policy
Project. "Some of the law-enforcement people in Massachusetts have
been acting like this is some strange experiment, but this is nothing
of the sort."

Mirken added that he is not surprised the law passed with such
overwhelming support.

We are talking about a substance that is absolutely beyond a doubt
safer than alcohol or tobacco," he said. "To give someone a criminal
record for possessing a small amount of pot simply makes no sense."

Some language in the law will need tweaking by the Legislature,
Ouellette said. For instance, there is no provision for what to do if
someone refuses to give his or her name.

Police officers are pretty resourceful," he said about the issue. "If
they are local people, we will identify them."

Ouellette expects to receive some phone calls complaining about people
who might think decriminalizing means it is entirely legal. Others,
too, are concerned. As an added protection for the public, the state
Department of Public Safety suggested that local bylaws prohibiting
public drinking might be amended to include a prohibition of public
smoking of marijuana.

Ouellette hopes to bring the idea to Town Manager Wayne Marquis and to
Town Meeting, possibly in May.

The penalty for public drinking is arrest and detention for booking
and bail processing and a penalty of $50, Ouellette said.