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One would think, in these times of lean municipal budgets, that towns would find every conceivable way to collect fines and fees.

But as Aaron Gouveia reported on Monday ("Marijuana law leaves Cape officials high and dry," Page 1) at least three Cape towns are failing to collect $100 non-criminal fines from those caught with less than an ounce of marijuana.

In November 2008, in a statewide referendum, 65 percent of the voters approved a law to decriminalize possession of small amounts of marijuana.

Possession of one ounce or less of marijuana is now a civil offense, subject to a $100 fine like a traffic ticket.

But unlike a traffic ticket, which can cause revocation of license or registration if not paid in full, there is no enforcement mechanism for failing to pay the marijuana fine.

As a result, little money has been collected in Falmouth, Mashpee and Barnstable even though police officers have issued $100 citations for the past 18 months, when the law went into effect.

"This statute is a joke, and we tried to make this point with the public" during the 2008 campaign, said Cape and Islands District Attorney Michael O'Keefe. "This statute is virtually unenforceable, and it is unenforceable."

With relative impunity, pot users can ignore the citation, O'Keefe said. "They can ignore the fact that when police ask them for their name to begin with they could say they are Donald Duck for all the law does to proscribe that."

O'Keefe said the people behind the ballot initiative, including George Soros, the international financier and billionaire investor, knew exactly what they were doing. "This is the first step to the legalization of what are referred to as soft drugs," O'Keefe said.

Because of the weaknesses in the statute, O'Keefe said police departments and towns are taking the position that they are not going spend a lot of money to file a civil action to collect a $100 fine. "It's not cost effective," he said.

Falmouth Assistant Town Clerk Laurie Robbins, whose office is responsible for collecting delinquent fines, said many pot smokers in Falmouth are realizing it pays not to pay.

"When they come into our office after 21 days they just stay there," Robbins said. "They don't go anywhere."

In Barnstable, town officials are facing a similar problem. Roughly half of the 60 tickets they have issued have not been paid, said Barnstable police Sgt. Arthur Caiado.

William Brooks, a state narcotics instructor, said the problem is voters took the teeth out of the law.

And the only way to correct the problem is through the legislative process.

State Rep. Cleon Turner, D-Dennis, unsuccessfully submitted an amendment to the law last year, which would have made failure to pay the fine a criminal offense subject to prosecution. Turner plans to file legislation concerning the marijuana decriminalization statute next term.

State Rep. Matt Patrick, D-Falmouth, is trying to make the marijuana citation similar to traffic and parking tickets.

"It should be revisited and amended so there's a possibility of tying it to a driver's license or putting a hold on car registrations," Patrick said.

That seems like the best solution, which O'Keefe supports.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: CapeCodOnline.com
Contact: CapeCodOnline.com
Copyright: 2010 Cape Cod Media Group, a division of Dow Jones Local Media Group
Website: A law with no teeth


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