RHODE ISLAND CAN LEARN FROM MASS. POT LAWS

Legislation filed this week by Rhode Island Rep. John Edwards,
D-Tiverton, to decriminalize possession of up to one ounce of
marijuana has already gotten quite a bit of attention.

Edwards says that he filed the legislation, which would be similar to
the marijuana decriminalization law approved by Massachusetts voters
in 2008, in order to save the state money and to save lives from being
destroyed as a result of a youthful - and relatively harmless -
indiscretion.

Enactment of this legislation would bring Rhode Island's laws into
parity with those in neighboring Massachusetts. Currently, if someone
were to be caught with an ounce or less of pot in Taunton, they would
receive a $100 ticket. If they were caught over the state line in,
say, East Providence, they would be charged with a misdemeanor, have
to go to court, fined between $200 and $500 and could even be thrown
in jail for up to a year. Those convicted may also be sentenced to
drug education classes and up to 100 hours of community service for a
first offense.

Harsher penalties are imposed for subsequent offenses.

Rhode Island Attorney General Peter Kilmartin opposes
decriminalization, saying that it sends the wrong message to youth and
is a hindrance to law enforcement. But marijuana use would still be
illegal and penalized by a fine. It's just not subject to criminal
prosecution, freeing up Kilmartin's prosecutors, freeing up mounting
court backlogs, and allowing law enforcement resources to investigate
and fight more significant crime, rather than enforcing and
prosecuting draconian and ineffective marijuana prohibition laws.
Under Edwards' legislation, those caught with an ounce or less of
pot in Rhode Island - considered the threshold for personal use -
would essentially get a civil citation - similar to a traffic ticket
- and be fined $150. It would not become a part of a criminal record.

In Massachusetts, the fine is $100. "When Massachusetts
decriminalized, the state did not implode," Edwards correctly points
out.

But Edwards, who admits that his bill is short and simple, would do
well to learn from some of the practical implications that
Massachusetts has discovered in enforcing the new law. According to an
Associated Press report, the Massachusetts law does not require
offenders to correctly identify themselves or show identification, nor
does it provide a way to force them to pay the fines. The result is a
patchwork of enforcement across the commonwealth. While some police
departments hand out hundreds of tickets, others just look the other
way. Since the law has no teeth for collecting fines, people can
basically ignore the ticket and not face any repercussions. The only
recourse is for cities or towns to take the offender to small claims
court, which isn't worth the time or effort.

Massachusetts legislators should close these loopholes.

Before the law is enacted, Rhode Island legislators should make sure
that the law does specify enforcement mechanisms so that the civil
penalty would still serve as an effective deterrent to marijuana use
without clogging courts, wasting state funds and destroying promising
lives.

Looking at the financial side of the matter, decriminalizing marijuana
would take some of the case backlog out of Rhode Island's court
system, would save substantial amounts of money for prosecution and
other police and court costs. And, by decriminalizing marijuana, those
on probation would not be found in violation and jailed if they are
caught with a small amount of pot. The cost of housing an inmate in
R.I. is estimated at $44,000 annually. The goal of law enforcement and
prosecutors should be to keep dangerous criminals away from the public.

It makes little sense to break up families and turn drug offenders
into hardened criminals by throwing them in prison at taxpayer expense.

Edwards rightfully notes that those who drive under the influence of
marijuana would still be subject to criminal prosecution. So far,
Edwards' legislation has 40 sponsors in the House from both sides of
the aisle, and also has the support of the state's Libertarian
Party. State Sen. Joshua Miller, D-Cranston, who chaired a study
commission on the issue of marijuana legalization, plans to file
similar legislation in the Rhode Island Senate. Twelve other states
have decriminalized possession of up to one ounce of marijuana.

Rhode Island should become the 13th.