[420 Girl]

In what appears to be a growing trend throughout Massachusetts, this town is seeking stiffer civil penalties for those caught smoking marijuana in public.

Since the statewide approval of Question 2 in November, many Bay State municipalities have questioned how to proceed with the new law that decriminalizes possession of less than an ounce of marijuana. In Bellingham, officials are now asking residents to approve additional fines for anyone caught “toking up” in public.

“(The bylaw) gives us more control,” said Town Administrator Denis Fraine. “The (state) law was passed without a lot of clarity about what happens when a person is found with marijuana. It gives law enforcement more authority and makes it clear to the public that there are still consequences for their actions.”

Article 15 on this year's town warrant, which was posted Thursday on the town's Web site, asks voters to approve a new bylaw, entitled “Public consumption of marijuana or tetrahydrocannabinol.”

If approved by residents, the new bylaw would prohibit the smoking, ingesting or consumption of marijuana “in or upon any public building, town vehicle, recreational area, playground, park, beach, boat landing or launch, schoolhouse, school grounds, street, sidewalk, public way, passageway, bridge, stairs, parking lot, cemetery, bus stop or any area or property owned or under the control of the town, or any area accessible to the public.”

The new bylaw, which was recommended for the warrant by Police Chief Gerard Daigle, would also prohibit the consumption of marijuana “in any motor vehicle in or on a public way, whether or not the user is operating the vehicle or whether the vehicle is in operation at all.”

Anyone caught in violation of Article 15 would face a fine of $300 in addition to state penalties. If the violator fails to pay the fine, he or she may be subject to civil contempt proceedings.

It is unknown how much money might be pulled in through the new fines.

“I don't know if it (the bylaw) will generate a lot of revenue, but it does establish consequences,” Fraine said. “I haven't heard of any opposition. I've heard that a lot of Massachusetts communities have already adopted such ordinances.”

Milford and Medway are among the cities or towns that recently enacted ordinances addressing the issue of marijuana consumption in public.
In Milford, town residents OK’d a measure that imposes fines of $100 for the first offense, $200 for the second offense and $300 for any subsequent offenses.

At least another two dozen communities are expected to move in the same direction this year. There are 351 municipalities in Massachusetts.
According to the state's Executive Office of Public Safety and Security (EOPSS), Question 2 allows cities and towns to pass ordinances or bylaws prohibiting public use of marijuana.

“EOPSS recommends that municipalities enact such bylaws or ordinances and provide police with the option of treating public use as a misdemeanor offense,” as stated on the EOPSS Web site.

The Office of the Attorney General has published a sample bylaw for towns to use as a guideline. That bylaw is posted on the EOPSS Web site.

In November, Massachusetts voters approved Question 2 by a margin of almost 2 to 1. In Bellingham, 5,589 residents voted in favor, with 2,590 opposed.

Question 2 turned possession of less than an ounce of marijuana from a criminal to a civil offense. As of Jan. 2, that offense became punishable by a civil penalty of $100 and forfeiture of the marijuana. Additional provisions apply to violators under the age of 18.

The warrant, which includes 31 articles, will be presented to voters at the annual town meeting on May 27 at 7:30 p.m. in the auditorium at Bellingham High School, 60 Blackstone St. For more information or to view the town meeting warrant in its entirety, visit the town's Web site at The Official Site of Bellingham, Massachusetts.


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