Pubdate: Thu, 27 Sep 2012
Source: Needham Times (MA)
Copyright: 2012 GateHouse Media, Inc.
Contact:  http://www.wickedlocal.com/needham
Details: http://www.mapinc.org/media/3605
Author: Wei-Huan Chen

NEEDHAM OFFICIALS PROPOSE HIGHER MARIJUANA FINES AMID BALLOT QUESTION 3 
DEBATE

Needham - Town officials are considering a law that would increase the
fines for smoking marijuana in public.

The Needham Police Department, the Needham Coalition for Youth
Substance Abuse Prevention, the Needham Public Health Department and
the Needham Board of Health collaborated in the proposal to amend the
town's marijuana bylaws and increase civil penalties for public
consumption of marijuana in Needham.

"An increased fine system acts as a deterrent for smoking marijuana in
public. It sends a message that the public use of marijuana is not
acceptable," said NCYSAP program director Carol Read.

The proposal, which was included in a Sept. 11 Board of Selectmen
agenda packet, has been in the works for a year and a half, said Read.

The law "allows the police to seek a criminal complaint with a fine of
$300 or issue a citation with a fine of $200 per offence" in any
public area, in addition to the existing penalties of $100 that were
established with the decriminalization of possession of small amounts
of marijuana in Massachusetts in 2008, according to the proposal
included in the packet.

Proponents of the new law say they aim to put the drafted warrant
article onto the May 2013 Town Meeting.

They hope that "the Town will send a clear message to youth that
marijuana is still illegal and that there are serious and relevant
consequences," according to the proposal. In Needham in 2010, 23
percent of Needham High students reported using marijuana within the
previous 30 days, according to a school report cited in the proposal.

In 2008, a majority of Needham voters supported the decriminalization
of possessions of small amounts of marijuana in Massachusetts. The law
replaced criminal proceedings for possessing small amounts of
marijuana with civil penalties such as fines, and left towns to
further increase fines if they wished.

The proposed law uses, in part, language suggested by the
Massachusetts Attorney General's office.

Possible relevance to medical marijuana question The issue of
marijuana consumption, said Read, may become even more important in
light of the upcoming Nov. 6 ballot question on the medicinal use of
marijuana passes.

"If the question passes, it will be an issue that communities may want
to revisit, to make sure that young people understand that public
smoking of marijuana is unacceptable," said Read.

The proposal to increase fines for smoking marijuana in towns predates
discussions on state legalization of medical marijuana-more than 80
towns and municipalities have established laws similar to the Needham
proposal. But while the public consumption law was not a direct
reaction to the medical marijuana initiative, the increased fine could
potentially apply to legal marijuana cardholders who smoke in public
areas in Needham, said Needham police spokesperson Chris Baker.

"If ballot question three were to pass, I'm not sure if we could seize
marijuana from a medical cardholder. They could legally possess it
[under state law]," he said. "It's unclear how it would apply."

Baker said Needham officers have seen people confused over the legal
status of marijuana after it was decriminalized in 2008. It's possible
the medical marijuana initiative could lead to youths believing it was
legal, he said.

"It's a concern of ours," said Police Chief Phil Droney on the medical
marijuana question. "People might get the wrong message. Just look at
what's happened in other states. It has made marijuana more
accessible."

Droney said he shares the health officials' concerns about the
upcoming state ballot question.

The provisions in the medical marijuana question regarding public
accommodations for patients, as well as how much is the allowed 60-day
supply are unclear, said Droney.

"All this stuff is left up in the air. It leaves a lot of people
hanging," he said.
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MAP posted-by: Matt