POT DECRIMINALIZING MEASURE UP FOR DEBATE

Lawmakers on Beacon Hill today will debate a proposal to decriminalize
possession of less than an ounce of marijuana, a measure advocates say
would save the state at least $24 million a year and prevent pot smokers
from losing government student loans and scholarships.

The bill, filed in the Senate, would make marijuana possession a civil
offense punishable by a $100 fine.

"As far as public opinion is concerned, this should pass," said Whitney
Taylor, executive director of the Drug Policy Forum of Massachusetts.
"Voters are way ahead of the politicians on this."

Voters in six legislative districts approved nonbinding measures in favor
of marijuana decriminalization last November, according to the Drug Policy
Forum. Since 2000, there have been 36 ballot questions regarding
decriminalization, medical marijuana and marijuana taxation and
regulation, and voters approved every one, the group said.

But the bill being debated today has been around six years without being
implemented, and lawmakers are reluctant to pass it. "I haven't signed on
as a cosponsor of that bill," said state Rep. Deborah
Blumer, D-Framingham. "The problem that I have is that we are having
significant problems with the abuse of substances and drugs and alcohol
and cigarettes, and I'm not prepared to take steps to change the laws on
marijuana right now." A recent federal study found that Boston has the
highest rates of pot smoking in the country. Today's debate, taking place
during an 11 a.m. State House hearing in front of the Joint Committee on
Mental Health and Substance Abuse, comes quickly on the heels of a U.S.
Supreme Court ruling allowing federal prosecution of people who use
marijuana medically, even in states that legalized medicinal use of the drug.

Eleven states, including California, Maine, New York, Colorado and
Mississippi, have passed decriminalization measures similar to the one on
Beacon Hill without seeing measurable increases in marijuana use, Taylor
said. But Sen. Karen Spilka, D-Ashland, a former lawyer, said the Supreme
Court decision could put state decriminalization laws on shaky legal
ground. "I am uncertain the state can take it out of the criminal system
if the U.S. Supreme Court has stated this is a federal criminal offense
and the states don't have the choice over medicinal use of marijuana,
which is a stronger argument, even," Spilka said. "I think states are going
to be really wary of making changes until more comes out about this
decision." Between 1995 and 2002, there were 70,794 Massachusetts
residents arrested for simple marijuana possession, Taylor said. Research
that will be presented today indicates the state would save at least $24.3
million in annual law enforcement and court costs by decriminalizing weed,
she said. Though possession of marijuana for personal use usually doesn't
lead to jail time, those convicted can lose government student loans and
scholarships and become ineligible for many forms of military service and
private and public sector jobs, according to the Drug Policy Forum. They
also may be at risk of losing driver's and professional licenses and
custody of their children, the group said.

"Although many people don't go to prison for simple possession of drugs, a
felony conviction is very harmful," Taylor said. "People think, 'Oh,
they're not going to jail.' But it really does affect you."