Pubdate: Fri, 05 Nov 2004 Source: Daily News Tribune (Waltham, MA) Copyright: 2004 The Daily News Tribune Contact: http://www.dailynewstribune.com Details: http://www.mapinc.org/media/3562 Author: Michael Kunzelman, News Staff Writer Cited: Massachusetts Cannabis Reform Coalition http://www.MassCann.org Cited: Drug Policy Forum of Massachusetts http://www.dpfma.org/ Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/states/ma/ (Massachusetts) VOTERS BACK POT FOR MEDICAL USE BOSTON -- On Tuesday's ballot, MetroWest voters overwhelmingly approved a pair of non-binding initiatives that call for decriminalizing marijuana and legalizing the drug's use for medical purposes. Another ballot question -- asking voters if they support granting equal custody rights to fathers and mothers is divorce cases -- also passed by wide margins in other parts of the region. Statewide, voters in 12 different Senate and House of Representatives districts approved a total of four different marijuana-related questions. In the House's 10th Norfolk district, represented by state Rep. James Vallee, D-Franklin, 60 percent of 18,960 voters said they support making marijuana a civil violation, "like a traffic ticket," instead of a criminal offense. Also, 68 percent of 71,251 voters in the Worcester and Norfolk senatorial district, represented by Sen. Richard Moore, D-Uxbridge, voted in favor of decriminalizing the drug. A question that asked whether "seriously ill patients" should be allowed to grow and possess marijuana for medicinal purposes was approved by 67 percent of 18,738 voters in the House's 12th Worcester district, which includes Northborough and is represented by Rep. Harold Naughton, D-Clinton. Steven Epstein, spokesman for the Massachusetts Cannabis Reform Coalition, said the questions send a clear message to the 12 lawmakers whose constituents expressed support for legalizing marijuana. "It's time," Epstein said. "It's time to abolish the law that allows police officers to make arrests for marijuana possession. That power is exercised arbitrarily." Epstein's group collaborated with the Drug Policy Forum of Massachusetts to sponsor the ballot initiatives. Whitney Taylor, the forum's executive director, said recent studies have debunked the popular belief that marijuana is a gateway drug that leads to the use of dangerous narcotics. "We have to get past emotions and base our laws on science and human rights," she said. "The status quo isn't going to get us anywhere." Despite their broad support among voters, the proposed reforms appear to face an uphill battle on Beacon Hill. Moore, who serves as Senate chairman of the Health Care Committee, said he hasn't seen any convincing evidence that marijuana is a harmless drug. "Until there is some scientific evidence or the federal laws permit some kind of use of it, I don't see what we can do to implement the ballot question," Moore said. Using marijuana for medical purposes is "both inappropriate and illegal," Moore added. "There are a lot of things that are popular but aren't of any benefit," he said. Vallee, House chairman of the Criminal Justice Committee, said the questions' supporters haven't persuaded him that legalizing marijuana is the right course of action. "I'm certainly open-minded about it, and I haven't been an obstructionist to the legislation," he said. "But from the standpoint of the legislative process, I don't think there's support among the legislators to do it." Meanwhile, voters in Natick, Marlborough, Northborough, Southborough, Wellesley and Westborough were among those who supported a ballot question on granting equal custody rights to parents. The initiative, sponsored by a Boston-based fathers' rights group called Fathers & Families, asks whether the courts, in separation and divorce cases, "shall uphold the fundamental right of both parents to the shared physical and legal custody of their children...unless one parent is found unfit or the parents agree otherwise, subject to the requirements of existing child support and abuse prevention laws." Ned Holstein, president of Fathers & Families, said the question was supported by around 85 percent of approximately 600,000 voters across the state -- the largest margin of victory of any initiative or candidate on Tuesday's ballot, he added. "It was an absolute landslide," Holstein said. "Ordinary people understand in their hearts that kids are hurt when they lose one of their parents. They're better off after a divorce when both parents can have an active and meaningful role in their lives." The list of lawmakers whose districts were targeted by the ballot question included Rep. Stephen LeDuc, a Marlborough Democrat who is House chairman of the Children's Caucus; Rep. David Linsky, a Natick Democrat who serves on the Judiciary Committee; Rep. Alice Pesich, D-Wellesley; and Karyn Polito, R-Shrewsbury. In Linsky's district, 80 percent of 18,730 voters supported the initiative. "I support the general concept, but I would want to make sure judges still have the discretion they need to consider the best interests of the child," said Linsky, a lawyer. - --- MAP posted-by: Richard Lake