[420 Girl]

Last November 65 percent of Massachusetts voters supported decriminalizing possession of small amounts of marijuana. As a result, those caught with under an ounce of the drug can, under state law, be penalized with a $100 fine — but no longer face the threat of jail time. With a unanimous City Council vote last week, that fine is expected to change in Salem.

The city is set to adopt a bylaw that will increase the fine to $300 and prohibit consumption of marijuana in public areas. The policy, after receiving Mayor Kim Driscoll’s approval, would take effect before the end of the month. City Council President Paul Prevey said he expects the bylaw to gain final approval, since it was the mayor who originally put the idea forward, at the recommendation of the police department.

Police Chief Robert St. Pierre recommended the bylaw to City Council, saying he hopes the higher fine will discourage public usage and help cover costs of implementing the state law.

“We find ourselves at a disadvantage trying to reinforce the law as it’s written in the statute,” he said. “$100 doesn’t carry the cost … if a person doesn’t pay the fine and they get brought before court.” Court fees outweigh the state-set fine, he explained, making enforcing the law difficult for the city, especially in tough economic times.

Police are particularly concerned about Halloween, a time when public alcohol consumption is a problem.

“If they resist we can write a ticket and have the right to arrest them,” said St. Pierre of alcohol users. “But what do we do if we have a group of people running around smoking marijuana on Halloween? That is our major concern: Public events like Halloween.”

Presently the law dictates a maximum penalty of a $100 citation and confiscation of the substance and any paraphernalia.

Marijuana possessors under 18 face the risk of having a written notification of the incident sent to their parents or guardians, as well as mandatory completion of a drug education program that is currently being created by the state. Failure to complete the program within one year could result in a $1,000 fine with parents or guardians liable for part of the fee.

Numerous cities and towns are considering adopting similar laws using guidelines established by the state Executive Office of Public Safety and Security (EOPSS), which dictate a $300 fine but leave it up to individual municipalities whether or not to make possession a civil or criminal offense. According to the Gazette’s sister papers, police in communities such as Wakefield, Melrose and Ipswich have recommended adopting a bylaw although officials have yet to vote on the issue.

Going to pot?
Just what has changed under the new marijuana law? Before Jan. 1, when the law took effect, those possessing marijuana faced a fine of up to $500 and a jail term of six months. Now that the possibility of arrest has been taken away for people who possess less then an ounce, police officials say, some people think marijuana has been legalized. Not the case.

“It’s been made civil,” Lt. Conrad Prosniewski said. “But the bottom line is, it’s still illegal …”

Marijuana is still defined as an unlawful, Class D substance and all laws concerning distributing, selling, manufacturing and trafficking it remain intact. If police suspect an offender intends to distribute the marijuana, they may charge him criminally. Laws related to driving under the influence of marijuana also remain unchanged.

There have been few incidents locally since the law took effect. District Attorney Jonathan Blodgett, a longstanding opponent of decriminalization, said in the northern part of Essex County there were a couple incidents of “kids flaunting it and not realizing they’re subject to discipline.”

In Salem, according to police officials, no paper citations have yet been issued. As of the Gazette’s press time, the new fine had only been assessed on people who were in possession of marijuana when they were arrested on other charges.

Despite some locals’ concern, the new law hasn’t noticeably affected the amount of marijuana being smoked on school grounds or other public places — at least not yet. Schools Superintendent Dr. William Cameron said in a recent interview that he’s “not aware of any increase in incidents.” He emphasized the district’s policy concerning marijuana remains the same: Anyone caught with marijuana is subject to expulsion at the principal’s discretion.

Salem High principal Dave Angeramo said the new law has been addressed with students during class assemblies, though no special meeting has been called to emphasize the school’s policy. He said though he doesn’t expect a spike in marijuana usage on school grounds, he is concerned what message the new law is sending to kids.

“As an educator I was not in favor of [the law],” he said. “You’re trying to uphold certain standards. It’s easy to give kids the opinion that [marijuana] not a big deal. That’s not a good message to send to society in general.”

At Salem State College, Deputy Police Chief Shane Rodriguez also said he hasn’t seen any changes in marijuana usage on campus.

“I don’t think we’ll see a jump in numbers,” he said.
He is, however, concerned about faculty and staff understanding the implications of the new law and said he intends to go over it with them.

“This law is tricky,” he said. “I think a lot of people think it’s legalized now…”

Challenges for police
Since January, police officials across the state have struggled with loopholes in the new marijuana law. One of the largest issues is that because it’s no longer a criminal offense, police could have trouble getting offenders to show identification.

“We don’t have the authority to ask them to identify themselves for us,” St. Pierre said. He pointed out that the new Salem bylaw changes that, forcing people to identify themselves by issuing a citation that puts them into the police and court systems.

“By enforcing the city ordinance we have the right to compel them to identify themselves,” the police chief said.

Also an issue is the disparity between how police are told to treat public alcohol consumption and marijuana use.

“Right now a person in the commonwealth can’t run around drinking beer in public,” St. Pierre said. “On the other hand, a person can be lighting up and the most we can do is ask his name and write a citation.”

St. Pierre said that local police are doing their best to carry out the state law, while hoping that legislative changes may take place that “will make it more enforceable.”

How state officials will manage the new law remains to be seen, as different municipalities approve new bylaws. But as Bruce Mirken, spokesman for the Washington D.C.-based Marijuana Policy Project says, the concept of decriminalizing marijuana is “nothing new.” A dozen or so states have similar laws, including Oregon, North Carolina and New York.

“Some of the law enforcement people in Massachusetts have been acting like this is some strange experiment, but it’s nothing of the sort,” he said.

Mirken is not surprised that the law passed with overwhelming support.

“We are talking about a substance that is absolutely beyond a doubt safer than alcohol or tobacco,” he said. “To give someone a criminal record for possessing a small amount of pot simply makes no sense.”

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