Pubdate: Mon, 09 Feb 2009 Source: Cambridge Chronicle (MA) Contact: 2009 GateHouse Media, Inc. Website: http://www.wickedlocal.com/cambridge Details: http://www.mapinc.org/media/4985 Author: Gisela Rots Note: author is director of the Cambridge Prevention Coalition Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) Bookmark: http://www.mapinc.org/pot.htm (Cannabis) Bookmark: http://www.mapinc.org/youth.htm (Youth) THE MEANING OF THE NEW MARIJUANA LAW Cambridge - As you may have heard, there is a new marijuana law on the books. In November, Massachusetts voters overwhelmingly indicated they wanted to decriminalize the possession of small amounts of marijuana. As you may have heard, this law went into effect on Friday, Jan. 2, 2009. I'd like to take this opportunity to clarify what the law means and what has and has not changed. In a nutshell, this new law means that anyone caught with an ounce or less of marijuana in their possession will receive a fine of $100. Those under the age of 18 who are caught with an ounce or less of marijuana, will be required to pay the $100 fine, as well as attend a drug awareness program, or receive an additional $900 fine (the total fine then being $1,000) if they fail to do so within a year. In addition, parents of young people under 18 who have been cited will receive a copy of the citation, and will be liable for the fine if the child does not complete the program. The marijuana is still to be confiscated by the citing official in all cases. Each violation will result in a $100 fine, regardless of the number of previous violations. However, the decriminalization of marijuana does NOT make it legal. It is still illegal to smoke, possess or otherwise have marijuana. This law simply changes the way a person is held accountable for the possession of the substance. The act becomes a civil violation instead of a criminal one. This also means that there will be no CORI (criminal record) on the individual due to this infraction. It is still ILLEGAL to distribute marijuana. Sharing a joint may be considered distribution (i.e., one person handing marijuana, in the form of a cigarette, to another person so they can smoke it), and may still be cited as a criminal act. Selling, trafficking or manufacturing marijuana is still illegal. Also, possessing more than an ounce of marijuana is still illegal, and can result in criminal prosecution. Also very importantly, driving under the influence of marijuana is still illegal. A person can still be arrested for driving while under the influence of any substance, including marijuana or alcohol. This new law also does not affect employers' policies regarding the use or possession of marijuana. In other words, this law does "not prohibit workplace discipline that has historically been wholly separate and distinct from the criminal process," according to the state's Executive Office of Public Safety and Security, nor does this impact the ways that schools deal with students who are caught smoking pot or in possession of pot. Previous policies are still in place, and this new law does not supersede them, according to the State. Although the city police are generally going to be the entity that enforces this law, university police and transit police are also able to cite residents for the possession of marijuana. The funds from these citations will, in our case, go to the City of Cambridge. Individual municipalities, such as the City of Cambridge, are still able to pass local laws that would make smoking marijuana in public a crime. In fact, many communities are considering additional local ordinances and even state lawmakers have proposed new state-wide laws to discourage the normalization of marijuana (one lawmaker has proposed a law that would make it possible for schools and employers to make possession on their campuses or worksites a crime). This law doesn't make smoking pot okay. It changes the way we, as a community, have to deal with marijuana as a substance in our midst. This does not give young people or parents or anyone else free reign to smoke pot whenever and wherever they want to. Marijuana is still an illegal drug, and its use has been linked to many mental illnesses, including an increased risk of schizophrenia (see http://www.news-medical.net/?id=28108 for more information). I encourage the adults in our community to consider the messages they may be sending young people if they blatantly carry a few joints around. A young person who sees this may think that it is then ok to smoke pot, which is still a mind-altering drug, and which is still illegal. It is up to us to ensure that our young people know what this new law means, and that just because they won't be arrested for having pot in their possession, doesn't mean that it is okay to walk around with it in their pocket. - --- MAP posted-by: Doug