Pubdate: Wed, 31 Dec 2008
Source: Worcester Telegram & Gazette (MA)
Copyright: 2008 Worcester Telegram & Gazette
Contact:  http://www.telegram.com/
Details: http://www.mapinc.org/media/509
Note: Rarely prints LTEs from outside circulation area - requires 
'Letter to the Editor' in subject
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

IT'S STILL ILLEGAL

More Public Pot Puffing Rules Unnecessary

In the wake of the ballot initiative that  decriminalized possession 
of small amounts of  marijuana, authorities now are weighing the need 
for  laws to control use of the drug. Just as Question 2 was  a 
solution in search of a problem, passing local laws  to curb behavior 
that already is illegal strikes us as  redundant.

To a majority of voters in November, making possession  of one ounce 
or less of marijuana for personal use a  civil infraction seemed a 
good idea. Time may yet prove  them right. Nonetheless, the state's 
Executive Office  of Public Safety and Security this week urged local 
officials to consider enacting rules that would make  public 
marijuana smoking a civil infraction, punishable  with fines.

The concern is that some "liberated" pot users may  choose to light 
up in public and defy authorities to do  their worst -- which can be 
no more than a civil fine  of $100 and community service. This may be 
precisely  the kind of "wrong message" that passage of Question 
2  was bound to send, but officials should take time out  before 
raising the stakes.

The fact is, Question 2 changed little. Before the  initiative was 
passed, almost no one was prosecuted and  ultimately branded with a 
criminal record for simple  marijuana possession, and it is unlikely 
many more will  face civil sanctions for such behavior now.

Moreover, while the new law decriminalizes marijuana  possession, it 
does not legalize it. Lighting a joint  in public and getting caught 
will result, at minimum,  in confiscation and a fine. Police still 
may arrest  perpetrators for any accompanying crimes, or 
conduct  searches based on probable cause. Sharing marijuana  with a 
friend can still be classified as distribution,  for which there may 
be significant criminal penalties  upon conviction.

The supporters of Question 2 assured Massachusetts  voters that 
decriminalization of marijuana possession  would not lead to any 
increase in usage, never mind a  spike in conspicuous public 
consumption. Until and  unless those assurances prove to be wrong, we 
suggest  local authorities focus on more pressing public safety  concerns.
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MAP posted-by: Jay Bergstrom