DRUG USE IN PUBLIC TARGETED

Marijuana Bylaws Eyed Despite Vote

Less than six months after residents voted by a margin of 65 percent
to decriminalize possession of an ounce or less of marijuana, several
local communities are seeking to create bylaws that give police more
authority to deal with smoking pot in public.

Police departments say the law has loopholes that favor marijuana
users. Under the law, people can face a civil fine of $100 for
possessing marijuana. The law does not address smoking marijuana in
public, and police say people who drink alcohol in public face stiffer
fines than marijuana smokers.

Over the last three months, Salem and Lynn have adopted bylaws that
call for $300 fines for people who smoke marijuana in public; in
February, Methuen adopted a $100 fine for public marijuana smoking.

Also, Gloucester, Wenham, Wakefield, Wilmington, Marblehead, Ipswich,
and Revere are set to vote on similar proposals in the coming weeks.

On Monday, Manchester voters turned down a proposal at Town Meeting to
fine public marijuana smokers $300. "The general consensus seemed to
be we don't even know if we have a problem yet, we should wait and
see," said Gretchen Wood, the town clerk.

In Lynn, Mayor Edward Clancy Jr. said he opposed decriminalizing
marijuana, and said the bylaw would serve as a deterrent to people who
want to smoke in public.

"I think the outcome of the referendum was a mistake," said Clancy.
"It will give the police the right to interdict that activity."

According to the city, since the law was enacted in January, six
people have received $100 fines for possessing an ounce or less of
marijuana. In Salem, fewer than five people have been fined, and in
Gloucester - where on April 21 the City Council is scheduled to
discuss a proposal to fine public marijuana smok ers $300 - just one
$100 fine has been issued.

Lieutenant Joseph Aiello of the Gloucester police said the proposed
$300 fine in Gloucester would create an even playing field.

"I don't want to subvert what the voters have asked for, I got that
loud and clear," said Aiello. "I just see this as a problem that
wasn't addressed in the law that was passed. What does that say to
kids? It says: Don't drink beer - smoke pot, because if you drink a
beer you're going to get arrested; if you smoke pot you're only going
to get a citation for $100."

City Council president Bruce Tobey, who also served as mayor, thinks
police should focus on other duties - such as being more visible in
the city and creating walking beats downtown.

"It's just a ridiculously bad and unnecessary idea. It's time to get
off the war on drugs. It's been decriminalized and state-sanctioned,
and enough is enough. We've all got more important work to do now,"
said Tobey.

Steven Epstein, a Georgetown lawyer and founder of the Massachusetts
Cannabis Reform Coalition, said police should trust the public's vote
and accused law enforcement officials of taking the law into their own
hands.

"They're trying to get some of the power back that they lost," he
said.

But some police chiefs say a $300 fine will cause people to think
twice about smoking marijuana in front of a school, or even a police
station.

"As it stands now, there's no teeth to it," said Wakefield Chief
Richard Smith, who has proposed a $300 fine for public marijuana
smoking. That proposal will be heard Monday at Town Meeting.

In Ipswich, where voters will vote on a proposed new fine at Town
Meeting May 12, Chief Gavin Keenan said that since decriminalization
began in January, his department had not received complaints about
public marijuana smoking.

Still, he called the proposed bylaw a proactive measure. The proposal
calls for graduated fines beginning at $100 for the second offense and
leading to $300 for a third offense.

In Marblehead, voters will decide on Chief Robert Picariello's
proposed $300 public marijuana smoking fine at the May 4 Town Meeting.

"This bylaw will close what I think are some potential loopholes
within that statute that was passed," he said.

He also said a new bylaw could reiterate that marijuana possession is
still illegal.

Epstein said the bylaws undermine public opinion, and accused police
departments of trying to change last November's referendum vote.

"It's just reefer madness."