LOCAL POLICE ADJUST TO DECRIMINALIZATION OF MARIJUANA

WESTBOROUGH - Even though the new law decriminalizing marijuana went
into effect Jan. 2, local police have not issued citations to anyone
caught with less than 1 ounce of marijuana.

"I think we've had a couple times (where) we've taken marijuana away
from people," Police Chief Alan Gordon said.

In November, a statewide ballot question passed decriminalizing small
amounts of marijuana, making it a civil offense with a $100 fine for
those caught with less than 1 ounce.

But Gordon said the new law has raised questions.

"As far as the mechanisms for us citing people, nothing was done
prior to the implementation," he said. "So now it's like we're trying
to run fast and catch up on everything."

The Legislature didn't meet in a formal session after the election,
Gordon said, and that made it difficult to delay the law's
implementation. Law enforcement personnel, he said, hoped to delay
implementation until March.

Police chiefs whose towns use Westborough District Court met with two
of the court's judges and the clerk magistrate to review the new
marijuana procedures police were told to use as of Jan. 2.

"I have spoken with my town clerk's office so that they're aware of
the procedure that is to be followed," Gordon said.

Even before the new law was passed, Gordon said police have always
used some measure of discretion in deciding how to handle an incident
involving marijuana.

"Any time we catch somebody, we don't always charge people. It's left
up to the discretion of the officer," Gordon said. "Many times if
it's just like a joint or a small amount in a baggy and they've never
been caught before, we've taken it away."

Gordon said marijuana has always been an issue in Westborough and
that police are aware people are using it.

"We're not naive enough to think that the kids aren't smoking
marijuana, because we know they are," he said. "We continue our
checks at the schools. We'll still be bringing the dogs in there."

For the most part, police let school officials deal with students
found in possession of marijuana on school grounds. Gordon said that
system won't change.

What will change is the legwork involved in identifying marijuana. In
the past, police have sent any amount of confiscated marijuana to the
State Crime Lab in order to determine the drug's authenticity. Now
the lab will no longer run tests on amounts less than 1 ounce.

Instead, police will test small amounts of confiscated drugs.

Other cities and towns are pursuing other routes. Medway, for
example, is considering placing an article on a special Town Meeting
warrant to make smoking marijuana in public an arrestable offense.