Pubdate: Fri, 07 Nov 2008
Source: Daily News, The (Newburyport, MA)
Contact: http://drugsense.org/url/k3oQxseR
Copyright: 2008 Eagle Tribune Publishing Company
Website: http://www.newburyportnews.com
Details: http://www.mapinc.org/media/693
Author: Dan Atkinson
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

POLICE SEE CONFUSION AHEAD WITH MARIJUANA DECRIMINALIZATION

NEWBURYPORT -- Area law enforcement officials are waiting for the 
Legislature to clarify the new decriminalization of marijuana, but 
they said the new law would likely cause confusion.

"It raises a lot more questions," said District Attorney Jonathan 
Blodgett, who was treasurer for a political action committee that 
opposed passage of the new law.

Blodgett and area police officials said the new law, which will make 
possession of less than an ounce of marijuana a civil offense 
punishable by fine instead of a misdemeanor, introduces complications 
for officers. State voters approved by a 2-to-1 ratio a ballot 
question to change the law, but the state Legislature will ultimately 
write and pass the law. Rep. Mike Costello, chairman of the Public 
Safety Committee, was unavailable for comment.

Newburyport Lt. Richard Siemasko said officers will have to determine 
how much marijuana potential offenders have, instead of just 
determining whether they have the drug.

"If you're arrested for possession of marijuana, we seize it and send 
it to the state for testing -- will we still have to do that?" 
Siemasko said. "How do we determine if it's an ounce? An ounce is an 
awful lot of marijuana."

Blodgett said police will find it hard to charge potential offenders, 
as residents are only required to carry identification when driving. 
Someone without identification, especially a person who may be under 
18 and thus not affected by the new law, could make it difficult to 
issue a citation, he said.

"If they say no, police have to let them go or charge them with 
disorderly conduct or disturbing the peace," Blodgett said. "If 
you're not required to have ID and you're just walking around and (an 
officer) wants to give a citation for marijuana possession, how does 
he write it if there's no ID? What does the officer do then?"

Salisbury police Chief David L'Esperance said while penalties for 
possession of marijuana may be reduced, motorists with the drug could 
still face severe charges.

"If it's in the vehicle while you're operating it and it can be 
suggested that a tie-in is made to the vehicle, you may very well 
find yourself charged with operating under the influence," 
L'Esperance said. "It will be a civil infraction for the marijuana, 
but a criminal charge for OUI."

The change presents logistical challenges as well, Blodgett said. The 
state needs to figure out who will collect and enforce payment of the 
new fines. Siemasko suggested that Newburyport add fines for 
possession to its local bylaws, which is provided for in the language 
of the question. That would allow the city to get fine money of its 
own, he said.

"My suggestion is for Newburyport to put it in the local ordinances 
so they can recoup all the money," Siemasko said.

L'Esperance said he hoped that regardless of how the law takes shape, 
it won't encourage more marijuana use.

"I hope we don't see an increase because people are under the 
mistaken impression that it's OK to use it," he said. "I'm not 
expecting Cheech and Chong to appear in the neighborhood anytime 
soon, but you never know."
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MAP posted-by: Jay Bergstrom