POLICE CHIEF SEEKS ADDITIONAL MARIJUANA PENALTIES

Melrose - The law voters approved last November decriminalizing
possession of marijuana also has a clause that allows cities and
towns to adopt additional penalties for using marijuana in public --
including a criminal charge -- and Melrose Police Chief Mike Lyle
wants the Board of Aldermen to consider adopting a $300 fine for
such an offense.

The new law, which made possession of less than an ounce of
marijuana a civil offense, carrying a $100 fine, passed the ballot
in November with 65 percent approval. Previously, possession of
similar amounts of the drug was a criminal offense with a possible
fine of $500 and a maximum six-month jail term.

However, cities and towns can adopt local ordinances or bylaws
regulating or prohibiting the public use of marijuana, or other
substances with the active ingredient tetrahydrocannabinol (THC),
such as hashish or hash oil. The state Executive Office of Public
Safety and Security (EOPSS) released non-binding guidelines for law
enforcement officials in December and recommended municipalities
adopt the guidelines as law.

Attorney General Martha Coakley's office prepared a sample law that
prohibits smoking, ingesting or otherwise consuming marijuana or THC
in public places and imposes up to a $300 fine for each violation.

The sample law notes that each city or town can choose to enforce
the $300 fine in three different ways -- as a civil citation,
through a civil court summons or, as recommended by the EOPSS,
through criminal indictment, which would make using marijuana in
public a misdemeanor criminal offense.

This week, Chief Lyle proposed to the Board of Aldermen imposing the
$300 fine for public marijuana use, although on Tuesday he said he
was "on the fence" as to whether the fine should be issued as a
civil citation or criminal offense.

Similarly, Wakefield Police Chief Richard Smith has filed a proposal
to make public use of marijuana a civil offense with a fine of $300,
according to the Free Press' sister paper, the Wakefield Observer.
Wakefield Town Counsel Thomas Mullen has drafted a proposed bylaw
based on the EOPSS guidelines and expects that Smith will ask the
Board of Selectmen to put the proposal before voters at Wakefield's
April Town Meeting.

Public use of alcohol vs. marijuana

The Aldermen's Appropriations Committee, comprised of the entire
board, did not vote on Lyle's proposal at Monday's meeting as
discussion centered on how the state law will be enforced, but Ward
3 Alderman Frank Wright noted the current disparity in penalties for
public use of alcohol versus marijuana.

"In public, I can smoke a joint and get a ticket. I drink a beer and
I get arrested," Wright said. "And if we do nothing tonight, I can
smoke a joint and thumb my nose at the police department."

Lyle responded that Melrose officers could still issue a $100
citation for public use of marijuana, but take no further action
unless the city adopts the additional penalties.

Wright asked Lyle when Melrose police officers could legally search
an individual or vehicle if the officer suspects possession of marijuana.

Lyle answered that marijuana is still an illegal substance, despite
the decriminalization law, and can be confiscated by police when
issuing a citation. Also, police officers can search a person or
vehicle with probable cause, but Lyle said to search a person in
public, an officer would likely have to see the marijuana itself to
have such cause.

A person under arrest is still subject to a search after the arrest,
Lyle added, and a person with an ounce or less of marijuana could
still be charged with intent to distribute, if the way the marijuana
is packaged -- such as in several separate bags of equal amounts --
to imply distribution.

Minors face additional penalties for marijuana possession. A person
under 18 years old cited for marijuana possession must also complete
four hours of a drug awareness program, developed by the state's
Department of Youth Services, and 10 hours of community service or
face a $1,000 fine. A notice will also be sent to the minor's
parents or guardian within 15 days of the citation's issuance.

Chief foresees enforcement challenges

Several Aldermen seemed to support sending the notice to the minor's
guardian through registered mail to ensure its delivery, an idea
initially aired by Ward 7 Alderman William Forbes -- "I know if I
got one [a citation], I'd be watching the mail every day,"
Forbes said, invoking laughter -- but the board cannot adopt any
amendments to the state law itself.

Lyle told the Aldermen about enforcement challenges he foresees,
such as someone cited for possession of marijuana refusing to give
police their name. The chief said because marijuana possession is
now a non-criminal offense, those cited have no obligation to
identify themselves and police have no recourse to ask for identification.

The state law that covers all non-criminal citation proceedings also
covers marijuana citations, meaning that violators may appeal the
citation in court within 21 days -- similar to a clerk-magistrate
hearing for a civil motor vehicle infraction -- or pay the $100 fine.

The city would be responsible for tracking those citations and
sending a copy to Malden District Court, although Lyle expressed
concern that unpaid citations could go unpenalized and is proposing
copying the Middlesex District Attorney's office on all marijuana citations.

Alderman At-Large Paul Brodeur asked Lyle about reports that some
Massachusetts police chiefs intend to not enforce the law at all
because of what they say are difficulties with enforcement or
deficiencies within the law itself.

Lyle, who said he did not support Question 2 and believes marijuana
is a gateway drug, responded, "I believe that the city of Melrose
Police Department has an obligation to this community to enforce
this regulation."