[420 Girl]

A City Council committee last night recommended an ordinance that officials say would be a helpful enforcement option in the wake of the recent loosening of marijuana possession law.

Police officers, under the ordinance, could issue a criminal complaint and impose a $300 fine on anyone caught using marijuana in public in the city. State voters last year passed Question 2, which decriminalized possession of an ounce or less of marijuana and made the penalty a civil citation of $100.

"This gives us another tool we can use to make the penalty more severe," Police Chief Mark Leonard told the Legislative and Legal Affairs Committee. "I don't think any of us want public consumption in our parks or playgrounds, around our children."

The committee recommended approval 3-0 and the ordinance heads next to the full council.

The passage of Question 2 gives the false impression that marijuana is legal, said Ward 2 Councilor Paul Ferro, who submitted the order with Councilor at large Steven Levy.

The ordinance is based on language the state attorney general's office crafted for communities' consideration.

The ordinance is a "common sense law" that gives the city more flexibility, Ferro said.

"When Question 2 passed, it left a lot of us scratching our heads how we would enforce it," Leonard said.

The Police Department has written some civil citations since the passage of the ballot question. However, the penalty is always the same, the chief said, so someone caught smoking marijuana on the steps of City Hall would face the same $100 fine for the first as well as the 50th infraction.

Question 2 also does not allow a community to make the penalty more severe if the fine is not paid, Code Enforcement Officer Pamela Wilderman said. Under the ordinance, someone who does not pay the $100 civil fine could face a bump-up to the criminal penalty.

Officers would have discretion over penalties and a repeat offender would have a greater chance of getting slapped with the $300 criminal fine, Leonard said.

Ward 1 Councilor Joseph Delano said he had some concerns about leaving it to an officer's discretion.

"It may not be fair to everyone," said Delano, who also said he was not singling out Marlborough officers.

Ferro said he tried to stay as close as possible to the language suggested by the attorney general's office, and many communities have passed similar legislation.

The nature of the penalty would depend on the circumstance, Ferro said.

"I think this is the best we can do right now," Leonard said. "This will be helpful."

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