Guest Opinion

A REGULATED MARIJUANA MARKET IS BETTER THAN A BLACK MARKET

Two members of the Massachusetts congressional delegation and four
members of the Massachusetts legislature endorse ending marijuana
prohibition. The rest of our congressional delegation has yet to
catch up with Barney Frank and Michael Capuano, and 196 members of
the state legislature have yet to catch up with Ellen Story of
Amherst, Ruth Balser of Newton, Lori Ehrlich of Marblehead and Anne
Gobi of Spencer.

These representatives understand, as did a majority in a recent
Gallup Poll, that a regulated market is better than a black market.

There are nine representatives on Beacon Hill who continue to suffer
from reefer madness. Although it is difficult to assess who suffers
the worst case, here are nine nominees. Is it Democrat James M.
Murphy of Weymouth, Republican Todd Smola of Palmer, William "Smitty"
Pignatelli of Lenox, George Ross of Attleboro, Gailanne Cariddi of
North Adams? They are all sponsoring legislation that would gut
2008's Question 2 that removed criminal penalties for possessing an
ounce or less of marijuana.

A proposition supported statewide by more than 64 percent of the voters.

Alternatively, is it John Binienda and John Fresolo both representing
Worcester who suffer more? They are the only sponsors of H. 3138,
proposing a doubling and in some cases, quintupling of the penalties
on those caught engaging in growing or commerce in marijuana.

Representative Murphy's H 1836 repeals Question 2, while giving
municipalities the option of accepting it. His H 1837 restores the
criminal law to offenders encountered just about everywhere police
are likely to encounter it. In 2009 and again this session this
former Assistant District Attorney has filed these bills without co-sponsors.

Representative Smola's H 507 seeks to make marijuana possession of
any amount the only "possession only" controlled substance offense
subject to a mandatory minimum 2-year sentence if possessed within
1000 feet of a school or 100 feet of a park. He files this, while
legislation seeking to reduce expense to the taxpayers by reducing
the number of non-violent offenders serving mandatory minimum
sentences is making headway in the legislature. His H 508 seeks to
reinstate criminal penalties for possession upon the operator of a
motor vehicle in which police find marijuana in the passenger
compartment, even if in a passenger's pocket.

Alone this year, in 2009 Jeffrey Perry, Elizabeth Poirier and Richard
Ross joined him. Jeff Perry has left the state legislature. Richard
Ross won the Special Election to fill Scott Brown's seat and may have
recovered. Elizabeth Poirier also may have recovered from her reefer madness.

Perhaps the realization that more than 62 percent of their
constituents voted for Question 2 cured them with a booster shot in
November 2010 when a similar percentage told Ms. Poirier and other
representatives in the area to "vote in favor of legislation that
would allow patients, with their doctor' s written recommendation, to
possess, grow, and purchase marijuana for medical use."

Finally, there is H. 477 filed by representatives Pignatelli, Ross
and Cariddi. It seeks to re-criminalize possession of an ounce or
less of marijuana if captured on school, youth center, or community
center grounds. Do they really want teenagers to once again receive a
criminal history and possibly go to jail?

I leave it to you to decide which of these nine legislators suffers
the worst case of reefer madness. What I know for sure is that when
making such proposals they are not adhering to the fundamental
principles of our government founded upon the consent of the governed
and those of justice, moderation and frugality, "absolutely necessary
to preserve the advantages of liberty, and to maintain a free government."