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Old 01-19-2009, 04:38 PM
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Default Police Issue First Pot Ticket

PLYMOUTH - A routine traffic stop ushered in a new era of drug enforcement in Plymouth last week.

After pulling over a vehicle, an officer noticed a small amount of marijuana inside the vehicle.

Instead of arresting the driver on a charge of simple possession of marijuana, the officer issued the town’s first ticket for possession as a civil infraction. The $100 ticket was sent to the driver’s home address. He can either pay the fine or request a hearing in district court.

The tickets are the result of a state law passed by voters in November. The law decriminalizes possession of up to one ounce of marijuana. Simple possession becomes a civil infraction, punishable by $100 fine.

Chief Michael Botieri said his officers have been reviewing department policies in light of the new law. Police filled plastic bags with various amounts of kitchen herbs to help officers recognize the new limits. An ounce of marijuana could supply up to 80 individual joints, Botieri said.

The new law will change the way police approach some, but not all drug investigations.

While simple possession will be treated as a civil infraction, officers can still investigate and make arrests for possession of marijuana with intent to distribute. Botieri said the felony charge could be applied even for less than an ounce if it appears the marijuana has been packaged for sale or if police find scales or other paraphernalia suggesting drug dealing.

Botieri said police hope to win approval for a new town bylaw allowing police to make arrests for smoking marijuana in public. Town Meeting must pass the bylaw. “We don’t want to see kids on the street corner smoking pot,” Botieri said.

Botieri said the new decriminalization law includes special provisions for younger offenders.

Police will automatically notify the parents of anyone under 18 ticketed for possession of marijuana. If those teens opt to pay the $100 fine they must also complete a four-hour drug awareness program and 10 hours of community service within one year. If they do not complete the program, the fine increases to $1,000.

The provisions are similar to a juvenile diversion program the district attorney used to offer to first offenders.

If the teens are under 17 and fail to complete the program, they could face delinquency proceedings.

Botieri said the change in the law could change the way police conduct random searches for drug in local schools. While canine teams search for all types of illegal substances, the police dogs find marijuana most frequently. The department has not conducted a search since the new law went into effect. Schools will still have their own rules prohibiting possession of marijuana.

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