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. - --- MAP posted-by: Jay Bergstrom