BID TO DECRIMINALIZE MARIJUANA IS DEBATED

Jimmy, a 30-year-old union carpenter from a New Bedford suburb, is
fond of smoking a joint with his wife after they have put the kids to
bed.

Jimmy, who doesn't want to give his real name because smoking
marijuana is illegal, said he doesn't drink much, so when he wants to
wind down, he uses marijuana. Occasionally, he smokes a little pot
during the day, even when driving, he said.

As a regular user, Jimmy said he has built up a tolerance to the
substance and claims marijuana doesn't interfere with his daily life.

"I think it's a lot safer than drinking," he said. "It doesn't hinder
my ability as much as drinking."

The area's legislative delegation doesn't agree.

Although a joint Senate/House committee has recommended making
possession of up to an ounce of marijuana a civil, rather than
criminal matter, many members of the area's legislative delegation
are against the idea.

"When you decriminalize it, you're encouraging people to use it, and
to make it even more prevalent in society," said Rep. Robert M.
Koczera, who represents part of New Bedford's North End, as well as
Acushnet.

Mattapoisett Rep. William M. Straus compared decriminalization to
eliminating the speed limit. Even though almost everyone violates it,
"that doesn't mean you say, 'Let's just not make it a crime,'" he
said.

Dartmouth Rep. John F. Quinn said it is important to retain the
"symbolism" that marijuana is illegal at a time when society is
trying to persuade young people not to use illegal drugs.

"I'd be opposed to (decriminalization) in our area and in urban areas
across the state," he said. "We still have serious drug problems."

The legislative committee whose job is to study drug abuse, however,
sees the marijuana issue entirely differently. It voted 6-1 last week
to recommend decriminalization.

State Rep. Ruth B. Balser, a Newton Democrat, said that in the 11
states that have decriminalized possession of small quantities of
marijuana in recent years "" including Maine and New York "" usage
rates of the drug and problems associated with it have remained the
same.

She noted that the proposed legislation still would require parents
of minors who are caught with marijuana to be notified.

Rep. Balser's committee points to a Drug Policy Forum study that
concluded that Massachusetts would save $24.3 million a year by
issuing civil fines for marijuana possession instead of bringing
criminal charges. The committee wants to redirect the money spent
prosecuting marijuana to programs for drug abusers, she said.

Alcohol abuse and addiction is a far more pervasive problem than
marijuana use, she contends. "The real gateway drug is alcohol," she
said. "We have very serious problems with drinking among young people."

Under the proposed legislation, those possessing marijuana would
automatically pay a $250 fine and avoid the court system. Currently,
the crime is punishable by a $500 fine and up to six months in jail
for the first offense.

Attorney General and gubernatorial candidate Tom Reilly has spoken
against the bill's softened stance on marijuana possession. In a
statement on his Web site, Mr. Reilly said, "That's the wrong message
to send to our kids. We have to keep them out of drugs."

Bristol County District Attorney Paul F. Walsh Jr. also has called
decriminalization "a bad idea."

He said marijuana possession already is functionally decriminalized
in Massachusetts, with most cases involving the possession of small
amounts of the drug being continued without a finding.

Those charged do not end up with criminal records and, contrary to
what the decriminalization bill's backers say, no one is denied a
student loan or rejected from college because of a conviction for a
small quantity of marijuana, Mr. Walsh said.

"It sounds like a great sob story, but it's just not true," he
said.

A prosecutor for more than two decades, Mr. Walsh said he doubts the
state spends anywhere near $24 million on marijuana possession cases.

And although it might be true that alcohol and marijuana are gateway
drugs, alcohol is legal and the country is certainly not returning to
prohibition, he said.

If marijuana possession is decriminalized, the drug will become more
prevalent, Mr. Walsh said. "Do we really want a society that has more
of this stuff in it?" he asked.

The Committee on Mental Health and Substance Abuse would be better
off focusing on the growing popularity of methamphetamine, a highly
addictive and dangerous drug, the district attorney contended.

Despite widespread opposition, supporters of marijuana
decriminalization say they are determined to press forward.

Steven Epstein, a North Shore lawyer who founded the Massachusetts
Cannabis Reform Coalition, said he is not sure that the proposed bill
will pass in the House this session.

"We'd hope it would happen sooner or later," he said.

Classifying marijuana possession as a crime is burdensome to
taxpayers, Mr. Epstein argued. "When you treat marijuana users as
criminals, the result is that you are subsidizing the legal costs" of
prosecuting them, he said.

A better plan would be to make those who possess marijuana pay a
fine, then split the revenue from those fines with cities and towns,
he said.

Allen St. Pierre, the executive director of the National Organization
for the Reform of Marijuana Laws (NORML), said that although
marijuana possession is not usually prosecuted in Massachusetts, the
law is not always enforced fairly.

Mr. St. Pierre, who grew up in Chatham, said people in Massachusetts
can still lose their motor vehicle licenses and even go to jail for a
possession conviction, depending on the inclination of the prosecutor
and the judge.

Decriminalization would solve the fairness issue, he said. "For both
law enforcement and citizens, it brings predictability to the law."

One in three Americans live in a state where marijuana possession has
been decriminalized, Mr. St. Pierre said.

In states such as Oregon, California, Arizona and others,
decriminalization has won easily at the ballot box and in the polls.

Still, decriminalization usually is not adopted by state legislatures
until they perceive overwhelming support among the public, he said.

It is only a matter of time before the law is changed, Mr. St. Pierre
said.

"Massachusetts is already closer to decriminalization than most
states," he said.

Rep. Koczera, however, said his constituents are more interested in
his focusing on more substantive issues, such as universal health
care and economic expansion, than on marijuana decriminalization. His
legislative colleagues agreed with him, wondering why the joint
committee concentrated on an issue such as decriminalization.

"Bills like this have been filed in the past and they've never had
any kind of support," Rep. Koczera said. "Quite frankly, I'm
surprised the committee reported it out favorably."