POLICE PREPARE FOR CHANGES IN MARIJUANA POSSESSION LAWS

WAREHAM - Local law enforcement officials are still in a haze about
Question 2 as it winds its way through the bureaucratic process.

There are a number of logistical issues that stand between the ballot
initiative that would decriminalize the possession of small amounts of
marijuana and the enforcement of the new policy throughout the
commonwealth. In the meantime, possession of less than an ounce of
marijuana is still a criminal offense, even though some districts are
suspending their pursuit of such cases.

Wareham police aren't changing their approach to criminal possession yet.

"I'm waiting to see logistically how it will be implemented," Lt. Irving
Wallace said.

Wallace suspected that it would be handled like any other bylaw or civil
infraction, with the officer just issuing a ticket to the offender and
someone following up to make sure the ticket was paid.

The Wareham lieutenant was also concerned about how officers would have to
determine how much marijuana someone had on them. While most officers
could eyeball either a very small or very large amount of marijuana it's
more difficult when it is just under or just over an ounce since most
police cruisers don't come equipped with a scale.

Law enforcement officials like State Attorney General Martha Coakley and
Plymouth County District Attorney Timothy Cruz spoke out strongly against
the ballot measure when it was first proposed. They cited correlations
between reported marijuana use and incidents of juvenile crime, as well as
the fact that marijuana available today is allegedly nine times as potent
as it was 30 years ago.

At a legislative breakfast in October, Cruz also noted that for young,
first-time drug offenders, the possession of a small amount of marijuana
wasn't likely to lead to a criminal record. In Plymouth County, the DA's
office and other law enforcement officials created a youth diversion
program to take first time offenders between 18 and 21 off drugs.

"What that means is that the kids get arrested, they get taken to court,
and at pre-arraignment they make the decision whether they're going to get
involved with a High Point program, where they actually get some education
about staying away from drugs," Cruz said.

Upon completion of the program, the youth appears back in court, where the
judge throws out the case prior to arraignment and the charges don't
appear on the youth's criminal record. Cruz claimed that 90 percent of the
people that complete the program don't appear back in front of the courts.

Police and other law enforcement officials were also concerned about the
disparity between marijuana and alcohol. Where a minor in possession of
alcohol might face criminal charges, one caught with pot would have drug
counseling and a stiffer fine.

Cruz and others feared that inconsistency might lead more young people to
choose marijuana over alcohol, leading to increased public health
problems. However, penalties for operating under the influence and similar
laws would still apply to people under the effects of marijuana.

The change in law may also hinder the ability of the police to evaluate
applicants for firearms permits. Police use many factors to evaluate
whether to issue a weapons permit, including the perceived judgment of the
applicant. While repeated alcohol violations would show up on a criminal
record check, repeated violations of marijuana possession laws would not.

"It's something that gives you the complete picture," Wallace said.

Wallace also noted that drug dealers might use the letter of the law to
skirt penalties by cramming five people into a car, each with their own
ounce of marijuana.

The change to the law is made 30 days after the Governor's Council
certifies the election. In the meantime, the attorney general's office is
busy drafting recommendations and policies for local law enforcement to
comply with the new law.