MARIJUANA FIGHT NEARS

FALL RIVER -- A budding debate regarding the decriminalization of
marijuana in the Bay State is forcing local enforcement officials to
begin thinking about taking a position on the controversial issue.

The Massachusetts General Court's Joint Mental Health and Substance
Abuse Committee recently voted 6-1 in favor of a bill that would
decriminalize possession of less than one ounce of marijuana. Instead
of facing criminal charges for simple possession, the legislation
calls for a civil fine of $250.

State Rep. David Sullivan, D-Fall River, is a member of the joint
committee and voted in favor of the bill.

But in the world of politics, no vote is ever black and white.

Although Sullivan voted in favor of the bill, he said he does not
support the entire piece of legislation.

"I voted in favor of the bill because I want to see it go forward
and evolve a bit, so it becomes more palatable," Sullivan said. "If
we were to kill it in committee, then we would have nothing to help
kids and young adults who made a poor choice in their lives.

"If someone gets in trouble once, they end up scarred for life. We
should be affording people second chances."

Sullivan was alluding to the fact that criminal records, even for
marijuana possession, oftentimes hinder an individual's chances to
obtain employment, housing or credit.

He said he expects the legislation to move forward to the Judiciary
Committee for further review and some changes.

"I'd like to see what the Judiciary Committee does with it,"
Sullivan said. "I personally don't want this to apply to second-or
third-time offenders, but I do think the merits of protecting people
are reason enough to look at it deeply.

"This legislation is worth a debate."

The bill will likely be the subject of a public hearing before the
Judiciary Committee March 14.

The battle over decriminalizing marijuana has been spreading across
the nation. In fact, 11 other states have passed similar laws.

The Drug Policy Forum of Massachusetts, a proponent of the
legislation, asserts "no negative effects" have resulted from the
passage of marijuana decriminalization in other states.

California, one of the states to pass such a law, reports a decrease
in youth marijuana use during the last five years under its new marijuana laws

Whitney A. Taylor, executive director of the Drug Policy Forum of
Massachusetts, praised the committee for its leadership on this issue.

"It is wonderful to see Massachusetts legislators taking this step
toward a sensible debate on marijuana control policies," Taylor said.
"We are moving away from policies based on stigma and punishment, to
those based on science."

Sullivan and others in his legislative committee have also pointed
to the massive amounts of state resources poured into marijuana
possession arrests and prosecution as a reason to support the legislation.

A 2002 study by Boston University economist Jeffrey Miron determined
marijuana decriminalization would save Massachusetts taxpayers $24.3
million a year in arrest and booking costs alone. The study also
noted that the commonwealth would generate an undetermined amount of
revenue due to the potential for civil fines.

"This issue has a major impact on legal resources," Sullivan said.
"It's a real drain on our resources that should be looked at closely."

A sticky situation

Fall River Police Chief John M. Souza and his brethren of law
enforcement officials now find themselves in a political gray area
as they attempt to determine what their position on this proposal should be.

Souza said this week, "If you have to pin me down on this, I would
say I oppose the legislation."

But Souza also said he is still "open to the idea."

"I do have questions about this and am uneasy about the message it
sends to kids," Souza said. "This is a whole new territory, and it's
an interesting debate. But I would want some changes and a lot more
information before I supported something like this."

Souza said he specifically disagrees with claims that
decriminalization would reduce the amount of law enforcement
resources put into marijuana arrests.

He said of the approximately 6,000 arrests made last year, very few
were solely for marijuana possession.

"Even if it does become a civil fine, the police are still going to
be the ones handing out those fines," Souza said.

He also said even if marijuana is decriminalized, users will still
have to purchase it from street-level drug dealers who are
possessing more than an ounce of the drug.

While Bristol County District Attorney Paul F. Walsh did not return
calls for comment on the issue, Sheriff Thomas M. Hodgson said he is
vehemently opposed to the legislation.

"I think it's outrageous. In a time when we are trying to teach kids
about accountability, this bill sends a terrible message when it
basically says it's OK to use a drug for pleasure," Hodgson said.
"Anyone who knows anything about this issue knows that marijuana use
leads to other things."

Hodgson said he has noticed "a dangerous trend" in American society
recently where people are trying to find reasons to do things that are wrong.

"The last thing my prisoners need is for someone to feel sorry for
them. They need the consequences and accountability to make their
lives better," Hodgson said. "If this bill passes, it will be a real
setback, not only for law enforcement, but for society as a whole."