[420 Girl]

Five months after the new state law decriminalizing the possession of less than an ounce of marijuana was approved by Massachusetts voters, area police chiefs will watch with interest as Manchester residents are asked to consider a bylaw aimed at "beefing up" penalties for public consumption of the drug.

In the November election, roughly 65 percent of Massachusetts voters voted to pass Question 2, which made the possession of less than an ounce of marijuana a civil offense punishable by a $100 fine. The new law went into effect at the start of January.

Manchester's proposed bylaw would add a provision for public consumption that doesn't exist in the law as it is written, said Manchester police Chief Glenn McKiel, who has petitioned to place an article enacting the bylaw on the annual Town Meeting warrant.

"This is in no way an attempt to circumvent the intent of the legislation to decriminalize one ounce or less of marijuana," McKiel said.

However, speaking to selectmen at Town Hall, McKiel said, "someone could light up marijuana in this room right now and there's absolutely nothing we can do other than give them a $100 fine." By contrast, said McKiel, if someone were smoking a cigarette in Town Hall, they could be arrested.

The bylaw would allow police to levy a $300 fine for consuming marijuana in public in addition to the $100 fine for possession. Public consumption, like possession, would remain a non-criminal disposition, meaning that a citation would not show up on a criminal record, McKiel said.

Town Administrator Wayne Melville said the intent of the bylaw is to "beef up" the penalty for public consumption to deter people who might not take the $100 fine seriously.

Melville said the concern was that individuals may think: "'Hey, it's only a hundred bucks, so I think I'll go down and smoke in the police station.'"

The bylaw, which McKiel said is supported by the Massachusetts' Chiefs of Police Association, was recommended to Manchester by its town counsel, the Boston-based law firm of Kopelman and Paige, said Melville. He said Kopelman and Paige, which represents 121 Massachusetts communities — including Essex and Rockport — had sent out a briefing recommending the bylaw to all its clients. Manchester's version of the bylaw was written by Kopelman and Paige associate Lauren Goldberg.

Neither Essex nor Rockport have included an article to enact bylaws regarding public marijuana consumption for their annual town meeting warrants, though the police chiefs in both towns said they have plans to introduce proposals in the future.

"We're in the process of doing something similar, but it has not been etched in stone yet," said Essex police Chief Peter Silva. He said he could not provide a time-line of when a proposal might take shape, adding that he is anticipating changes to the marijuana law that may come at the state level.

Rockport police Chief Tom McCarthy said he intends to make a proposal for the town's September Town Meeting, but decided not to petition to place an article on the warrant for annual Town Meeting this Saturday.

"I think that many of us are just waiting to see how this plays out," McCarthy said, referring to the bylaw proposals in Manchester and other communities. He said that until Manchester's bylaw is tested in court, its effectiveness can't be known.

McCarthy said "hopefully (Manchester's bylaw) will stand the test of time," and Silva said he commends Manchester if they're able to get the bylaw passed.

Neither Manchester, Essex or Rockport has issued a citation for possession of less than ounce of marijuana since the law went into effect.

Asked by selectmen why the law isn't being amended at the state level, McKiel said he had been advised that passage of provisions for public consumption would be more successful at the local level.

The state law, as written, does not bar towns from levying heavier fines for public consumption.

"Nothing contained herein shall prohibit a political subdivision of the Commonwealth from enacting ordinances or bylaws regulating or prohibiting the consumption of marijuana or tetrahydrocannabinol in public places and providing for additional penalties for the public use of marijuana or tetrahydrocannabinol," reads the law.

Manchester's proposed bylaw also includes a section that requires individuals caught smoking in public to provide a full legal name and address to police if requested, which is a provision that does not exist in the law.

"This is just an attempt to control where consumption takes place," McKiel said. "I want to do all that I can to ensure that people aren't subject to other people smoking marijuana."


http://www.420magazine.com/forums/in...uld-400-a.html