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Old 08-04-2009, 08:12 PM
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Default Chief: Pot Law Could Cause Problems

Since marijuana was decriminalized in Massachusetts, Walpole has been lucky in enforcing the new law, according to Police Chief Richard Stillman, but problems could still arise down the road.

Effective Jan. 1, those caught with less than an ounce of marijuana are no longer subject to criminal sanctions, but rather face a $100 civil fine for their first offense.

Police across the state have had a tough time getting pot users to pay-up, according to reports.

"There's no teeth to this thing," Stillman said of the relaxed law.

If someone caught with over an ounce of pot fails to pay the $100 fine, Stillman said, there are no repercussions. Unpaid marijuana citations, he said, will not haunt a person like unpaid parking tickets and there's really nothing that can happen to the scofflaw.

What's more, the Walpole chief said nothing in the new law requires those who possess marijuana to give police his or her real name and officers do not have the power to search civil offenders.

Under the "Act Establishing a Sensible State Marijuana Policy," Massachusetts local authorities cannot "impose any form of penalty, sanction, or disqualification on an offender for possessing an ounce or less of marijuana."

"The whole law was a bit misconceived the way it was put together, but we're dealing with it the best way we can," Dedham acting Chief of Police Lt. Michael d'Entremont said.

Dedham has only issued a couple of citations, he said.

Stillman said Walpole has yet to face serious issues either, noting of Walpole's two-dozen or so marijuana citations issued, all have paid in full and there hasn't been any brazen marijuana use in town since the law was enacted.

He said most people who are caught "understand they were doing something they shouldn't" and pay willingly.

The Walpole chief was concerned, however, that the law would affect the public schools.

If a student was caught with under an ounce of marijuana in school, Stillman said, the worst punishment they would face would be a fine. They couldn't be suspended or expelled.

"The law is very clear," Stillman said, "'no negative consequences."'

He did note that if the students are under 18, they would be required to attend a drug awareness class and their parents would be notified.

When a report surfaced that 83 percent of Boston's 400-plus cited pot users skipped out on the fine, some Beacon Hill lawmakers were up in arms.

Stillman believes that may have been a lot of hot air or political grandstanding, however.

"It doesn't seem to be an issue," he said, adding that even if legislators are actively trying to change the new law, it would be a long process.

"This could stay for years," he said.

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