UP IN SMOKE: NEW POT POLICY PUTS RESTRAINTS LOCAL ENFORCEMENT

If you light up a joint while walking down High Street, not much is
likely to happen to you.

Now that ballot Question 2 has taken effect, cities and towns across
the commonwealth are scrambling to figure out how to enforce a new set
of civil penalties for small quantities of marijuana. Amidst all the
uncertainties, many communities have simply halted punishing
small-time pot users.

"When somebody draws up a ballot question, nobody takes the time to
define the impact of what that change will be," said Mayor Michael J.
McGlynn. "There are questions around this question that are ambiguous."

As of Jan. 2, Massachusetts became one of 12 states that have
decriminalized marijuana possession to some extent. The new civil
penalties for possession of less than 1 ounce include a $100 fine and
forfeiture of one's stash for those over 18 years of age. Minors will
receive the same fine and be required to attend drug education classes.

The ballot question did not give police a clear mechanism to enforce
the law, but it did provide cities and towns an option to set their
own policies on smoking pot in public. Resolutions are expected to be
debated in city and town halls across the commonwealth.

"We need to do what we can to make sure this doesn't run amok," said
City Councilor Paul Camuso. "Right now you can get a call from the
Outback that someone's smoking a joint and eating a steak and what can
you do, give 'em a $100 fine?"

Since small-time possession is a civil matter, police cannot require a
suspect to produce identification. Unless an offender is operating a
motor vehicle or smoking in some situation that could be considered
criminal, he can give any name he chooses.

"He can tell us his name is Donald Duck," said Sgt. David Montana, of
the Medford Police Drug Unit. "If you're drinking in public, I can
lock you up. With this thing here, I can't do a thing.

"The other day we found a kid with less than an ounce on him and some
needles," he continued. "My guys in the drug unit took the stuff from
him, got his name and that was it."

Montana said he didn't expect Question 2 to pass. Because of how vague
the rules are, he said it didn't seem like the authors of the
legislation even thought it would pass.

In Boston, Montana said police are issuing fines from the motor
vehicle citation books. He said they check the "other" box and write
in the offense.

"Around here, we haven't come up with anything yet," said Montana.
"The way we understand it, we have no right to ask them [what] their
name is. And we normally don't arrest people with small amounts of
marijuana."

Montana said the law probably wouldn't change much about the way the
drug unit operates. In general, marijuana has not been at the top of
the unit's priorities. Montana said the larger problems in Medford are
OxyContin and heroine.

In his 29 years at the drug unit, Montana said he's never seen anyone
sent to prison for possession of small amounts.

"Our officers use discretion," said Chief of Police Leo A. Sacco Jr.
"Very few people in the city of Medford have ever been arrested for
the possession of one marijuana cigarette or a little - what's called
a dime bag."

Since the penalties have changed, police officers have not issued any
citations. Local officials are still waiting to hear back from the
State House on a mechanism for enforcing what many consider a
half-baked piece of legislation.

The Marijuana Policy Project (MPP), which operates out of Washington
D.C., sees the legislation as a step in the right direction.

"My organization was one of the main supporters of Question 2," said
Dan Bernath, a spokesperson for the MPP. "My organization believes
that there are some serious problems with marijuana prohibition and
that we'd be better off to regulate it like alcohol or tobacco."

The MPP gave $750,000 to the Committee for Sensible Marijuana Policy's
campaign to pass Question 2.

"I think that [voters] supported it for exactly the reason proponents
have given when campaigning for this," said Bernath. "It is a waste of
taxpayer dollars to arrest and prosecute small marijuana users."

However, Massachusetts Attorney General Martha Coakley rallied against
the initiative's passage.

"Decriminalization of marijuana will send a message to children and
young adults that it is OK to use and abuse illegal substances,"
Coakley said in a prepared statement in October. "Not only is there a
direct link between marijuana use and juvenile crime, but marijuana
use is also the primary cause for adolescent inpatient substance abuse
treatment. Those of us in the law enforcement community, and perhaps
more importantly, those who work directly with children and teenagers,
are gravely concerned about the impact any decriminalization will have
on our youth."

Bernath said jail and criminal records affect one's ability to get
jobs, student financial aid, housing assistance, an adopted child and
food stamps. And issues like this can magnify when they affect young
people who have a majority of their lives ahead of them.

"I think they've reasonably agreed that marijuana possession is a
crime but it ought not to be a criminal offense," said Bernath. "It
ought to be like a traffic ticket."