PENALTY FOR PUBLIC USE OF POT APPROVED AT RAYNHAM TOWN MEETING NOW
UNDER STATE REVIEW

RAYNHAM - Approximately 200 Raynham residents voted to pass an article
at the Annual Town Meeting approving a $300 fine for the public
consumption of marijuana.

Raynham Police Chief James Donovan explained the thinking behind the
bylaw, saying it is a "quality of life issue." Donovan said there is
no significant problem with the public consumption of marijuana in
Raynham for most residents, but it can come up for those who live in
apartments.

"I don't think we are going to have a huge problem with this just like
we don't have a huge problem with drinking in public," Donovan said.
"It doesn't come up much for most of us here in Raynham because we
live in single family dwellings. But for those who live in multifamily
dwellings, apartments and such, it does come up for them."

The bylaw, titled "Public Consumption of Marijuana or
Tetrahydrocannabinol," states people cannot use the green, leafy
substance in any place accessible to the public, including anywhere
owned by or in control of the town. It says people cannot smoke in
shared areas, such as stairs, footways, parks, buses and sidewalks.

The bylaw will allow Raynham to choose an option of enforcement
mechanisms to collect the fine, including criminal indictment, along
with noncriminal complaints. Dozens of police departments across the
state -- approximately 70 -- are now enforcing similar bylaws.

There has been lingering criticism within the law enforcement
community of a revised statute concerning possession of marijuana in
Massachusetts. The statute, voted into law in November 2008,
decriminalized marijuana and instead provided for a $100 civil
penalty, which many departments found difficult to enforce because of
violators providing false identities.

The statute provided that communities could create their own bylaws
regarding public consumption.

The Massachusetts Executive Office of Public Safety offers a prototype
of a public consumption bylaw on the www.mass.gov website that is
nearly identical to the one Raynham adopted.

"Every city and town has a bylaw prohibiting public drunkenness," said
Terrell Harris, a spokesperson for the Executive Office of Public
Safety. "It's exactly the same thing. It's (the) communities' way to
curb the public consumption of marijuana since it has been
decriminalized. It's just that simple. ... We have no objection to
municipalities taking this route."

Raynham Town Administrator Randall Buckner said the bylaw is not yet
in effect because it first needs to be sent to the Attorney General's
Office for approval.

Attorney General spokesperson Melissa Karpinsky said the office has
not yet received the bylaw for review.

Karpinsky said the Town Clerk is required to submit the bylaw to the
Attorney General's Office within 30 days of the Town Meeting. The
Attorney General then has 90 days in which to decide whether the
proposed amendments are consistent with the constitution and the laws
of the Commonwealth, Karpinsky said.

If the Attorney General finds an inconsistency between the proposed
amendments and state law, the amendments or portions thereof will be
disapproved, Karpinsky said. The Municipal Law Unit of the Attorney
General's Office is responsible for undertaking the review and for
issuing a written decision approving or disapproving bylaw amendments,
she said.

If approved, the town then needs to publish information to the public
about the bylaw taking effect, Karpinsky said.

A man asked the lone question regarding the bylaw: "What about people
who have prescriptions for marijuana?"

No medical marijuana bill has been passed in Massachusetts, but
Donovan said having a valid prescription could be considered evidence
to dismiss a public pot consumption penalty.

Donovan said in Chapter 94C of the state drug laws that a prescription
for marijuana is considered "prima facie" evidence for dismissal.