BOSTON, Nov. 6, 2008

After Vote To Decriminalize Pot, Now What?

Mass. Law Enforcement Grapples With Ditching Criminal Cases, Applying Civil Penalties

  • Photo

     (CBS/AP)

  • State Fast Facts Massachusetts

    Learn about the people, economy and geography.

(AP)  After Massachusetts voted to decriminalize possession of small amounts of marijuana, top law enforcement officials are scrambling to figure out what they need to do to put the law into effect - despite their efforts to defeat it at the polls.

Attorney General Martha Coakley, who joined all 11 of the state's district attorneys in opposing the ballot question, said Wednesday she was working to determine exactly what it will require the legal system to do.

"Question 2's passage not only authorizes the decriminalization of small amounts of marijuana, but also establishes a parallel civil regulatory structure that does not currently exist," Coakley said in a written statement. "At this time, we are reviewing all of the implications of the new law and whether further clarification or guidance is needed."

Massachusetts becomes the 12th state in the country to decriminalize possession of small amounts of marijuana. The measure passed Tuesday with 65 percent of voters supporting it and 35 percent opposed.

Under the state constitution, a ballot question approved by voters becomes law 30 days after an election.

The courts have defined the end of an election as the date on which the Governor's Council certifies voting results. That typically happens during the last week of November or the first week of December.

Until the new law takes effect, marijuana possession will still be considered a crime, Coakley warned.

Possession of small amounts of marijuana in the state is now punishable by up to 6 months in jail and a $500 fine.

Once the new law takes effect, those caught with an ounce or less of pot will face a civil offense punishable by a $100 fine. They will also have to forfeit the marijuana. Anyone under 18 will also have to give up the drug, but will face a stiffer, $1,000 fine unless they complete a drug awareness program.

Hampden District Attorney William Bennett said Wednesday that he'll drop all pending charges of possessing an ounce or less of marijuana and won't prosecute new ones in order to focus instead on drug dealers.

"I'm going to act as if the law were in effect now," he told The Republican of Springfield newspaper. He said he doesn't know how many charges would be dismissed, but it's not a significant number.

Thomas Kiley, a lawyer representing the Committee for Sensible Marijuana Policy, which pushed the ballot question, said the two months will give the state time to make the adjustments needed to conform to the new law, including the creation of new drug awareness programs by the Department of Youth Services.

"Once the people have spoken and expressed their desire for a specific kind of law there must be full implementation by the state," Kiley said.

Supporters of the ballot question said the new law will spare thousands from having a criminal record, which can make it harder to get a job, student loan or gain access to public housing. They also argued that taxpayers would save $30 million in costs associated with marijuana arrests.

But opponents, led by the district attorneys, had warned the measure could lead to more drug abuse among young people. They said marijuana is a gateway to harder drugs and said the marijuana available on the streets today is more potent than pot three decades ago.

They also argued that existing state law requires judges to dismiss charges and seal records for first-time offenders.

© MMVIII The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Video and Galleries from U.S.

Add a Comment See all 45 Comments
by sincity_q November 6, 2008 3:11 PM EST
The war on drugs is, and has been since it began, an utter failure. All it has accomplished is to create a new class of nonviolent criminal, enabled home invasions by drug enforcement officials... often mistakenly and cost the taxpayer billions of dollars.

Now, I don''t think a full blown legalization is the answer either. But if taken substance by substance, we see that some like heroin, Methamphetimines and crack are more dangerous than pot. If we were to focus on education and then forward a select enforcement against the more dangerous compounds, we could save money and reduce the number of users through that education.

We''ve been at this for over 40 years and we''ve succeeded in doing is making life worse. It''s time for a change.

Reply to this comment
by mgdubya-2009 November 6, 2008 3:13 PM EST
It''s about time. When will the rest of the states and the federal government wake up. The hypocritical war on drugs is a farse and a failure. If anyone was interested in "gateway drugs" they would be focusing on alcohol - where almost all drug use starts (and ends) (i.e., there is no "gateway"). People are being labeled criminals for growing and ingesting a plant. Their lives ruined and families torn apart, all because someone told the lawmakers that marijuana is bad. Why not try some before you decide that anyone who does is a criminal.
Reply to this comment
by fedup_w_pols-2009 November 6, 2008 3:34 PM EST
Now what you do is what the PEOPLE TOLD YOU TO DO.. I know hard concept for politicians use to getting their way but tuff *** the people spoke, the people pay you so shut up and do your job.

Foolish war on drugs. They can''t keep drugs out of jails of all places then they have not a chance in hell of getting them off the streets. Nice to know our own government has waged a war against it''s own citizens for 40 years and not got a *** thing to show for it but more crime and less freedom. All states need to do this and tell these politicians who seem to want to be our nannies to take a hike and find something else to worry about. If anyone who drinks alcohol thinks pot is bad your a hypocrit plain and simple. If someone smokes a little pot they are a drug addict yet someone who has a few glasses of wine at night is not an alcoholic for some reason. Double standards as usual. The real reason they will not legalize drugs on their own is because there is no money in legalization of a plant.
Reply to this comment
by impeach__w November 6, 2008 3:38 PM EST
What to do now??? SMOKE IT UP!!!
Reply to this comment
by sukanyamol November 6, 2008 3:46 PM EST
It''s about time that this harmless drug, (way less harmful than alchohol which is addicitive and has caused many, many deaths...) was legalized. Yes, you can develop a habit of use, but when one decides to not use marijuana, there is nothing in ones bloodstream to undermine your resolve.
Reply to this comment
by yongamerica November 6, 2008 4:16 PM EST
Marijuana was made illegal by the pushing of the alcohol lobbyists couple with the scare that smoking it would make white children dance like black people. Reefer Madness.

It''s time the nation has a much more realistic view of the recreational use of Marijuana and recognize its significance in shaping the culture of generations.

Too many brilliant people contributing to society have had to suffer the stigmas associated with having to break a stupid law because they refuse to bend their values.
Reply to this comment
by honestabe8 November 6, 2008 4:29 PM EST
yongamerica: I don''t know that I agree with your assessment of the reason that pot is illegal. It wasn''t the alcohol lobby (although they continue it). It was Hearst who didn''t want to compete with hemp, it was Anslinger who wanted to have inactive prohibition agents to have something to do so he made up a scare. Now, the alcohol pushers just do not want to compete with home grown pot.
Reply to this comment
by honestabe8 November 6, 2008 5:04 PM EST
"But opponents, led by the district attorneys, had warned the measure could lead to more drug abuse among young people. They said marijuana is a gateway to harder drugs and said the marijuana available on the streets today is more potent than pot three decades ago."

This is the same Reefer Madness scare tactics they have been using forever. I am glad that the voters saw through it and perhaps when these DA pukes run for office, kick them to the curb.
Reply to this comment
by slim1h2o November 6, 2008 5:15 PM EST
honestabe8 yongamerica;

You are both right. For Hearst, that was back in the late 1800''s. And for the alcohol crowd, that was back in the early 1900''s. And pretty much thru to the 50''s and 60''s.

But today, it''s big Pharma, that keeps the "push" alive to keep it illegal. Just think what weed would do to Big Pharmas'' bottom line if marijauna was legalized?

No more sales of nausea reducing drugs, no more sales of tranqulizers, no more sales of any drug that helps a patient to eat. Espeacially people with cancer.

Keeping pot illegal, is just one big scam, on the American taxpayer.

BTW, Why do you think that Mass. is the one state on the east coast, to have this on the ballot?

Do you think that because Ted Kennedy has been ill, had anything to do with it?

I''m sure it does........
Reply to this comment
by questionnews November 6, 2008 5:19 PM EST
After Vote To Decriminalize Pot, Now What?


Poptarts & Pringles!!!!!!!!!!!!!!!!
Reply to this comment
by honestabe8 November 6, 2008 5:33 PM EST
If it is ever decriminalized nationally, I am making a run to the local hydroponics equipment dealer.
Reply to this comment
by slim1h2o November 6, 2008 5:38 PM EST
If it is ever decriminalized nationally, I am making a run to the local hydroponics equipment dealer.

Posted by honestabe8 at 02:33 PM : Nov 06, 2008

If that happens, I''m going to apply for a business licence.

I''ll be rich in 6 months....


Reply to this comment
by honestabe8 November 6, 2008 5:40 PM EST
slim, could you imagine meeting with your friends to sample the harvests and compare notes on botany? what a trip that would be.
Reply to this comment
by slim1h2o November 6, 2008 5:46 PM EST
abe;

Longs we had Poptarts and Pringles,,,we''d be fine.

As dandelion wine.....

LOL

Smoke it if ya got it....


Reply to this comment
by honestabe8 November 6, 2008 6:03 PM EST
slim....i agree...and never stop opposing the ***
Reply to this comment
by slim1h2o November 6, 2008 6:13 PM EST
slim....i agree...and never stop opposing the ***

Posted by honestabe8 at 03:03 PM : Nov 06, 2008

Opposing the what?...Anyways..


I''ll always be for the legalisation of marijuana, no matter what.

If people can buy alcohol, and cigarettes, which are proven killers and pot has never been linked to any deaths, then pot should be available as well.

If God put it on this earth, he did so for a reason.
And we should have equal access to it.




Reply to this comment
by taximan2 November 6, 2008 6:27 PM EST
marijianna saved my life i wannted to die 35 years ago. please make it legal so others won''t die of stress out i was mad at the world , im sorry if you don''t understand
Reply to this comment
by taximan2 November 6, 2008 6:28 PM EST
hope you understand !!!!
Reply to this comment
by honestabe8 November 6, 2008 6:35 PM EST
slim: the thing that was shown as *** was a term for an illegitimate child. I agree about pot vs alcohol and ciggs
Reply to this comment
by questionnews November 6, 2008 6:36 PM EST
How often do you hear about somebody getting drunk, going home and beating or shooting the wife? Fairly common as far as domestic violence goes.
How often do you hear about somebody smoking dope, going home and beating or shooting the wife? Hardly ever!!
They might go home & forget to shoot the wife because they are so focused on grabbing a bowl of Captain Crunch, hitting the couch to watch South Park.
Reply to this comment
by taximan2 November 6, 2008 6:38 PM EST
what is texas law on MARIJUNNA
Reply to this comment
by honestabe8 November 6, 2008 6:38 PM EST
A drunk will barge through a stop sign. A stoner will sit there for 10 minutes waiting for it to turn green.
Reply to this comment
by taximan2 November 6, 2008 6:44 PM EST
WHEN ANGRY SMOKE A JOINT AND BE HAPPY
Reply to this comment
by taximan2 November 6, 2008 6:46 PM EST
SPRAY LSD IN IRAC THE WAR WOULD BE OVER
Reply to this comment
by honestabe8 November 6, 2008 9:03 PM EST
Possession
2 oz or less* class B misdemeanor 180 days $2,000
2 to 4 oz* class A misdemeanor 1 year $4,000
4 oz to 1 lb* state jail felony 180 days - 2 years $10,000
1 to 5 lbs state jail felony 180 days - 2 years $10,000
5 to 50 lbs felony of the third degree 2 - 10 years $10,000
50 to 2,000 lbs felony of the second degree 2 - 20 years $10,000
More than 2,000 lbs felony 5 - 99 years $50,000
Sale
Gift of 1/4 oz or less class B misdemeanor 180 days $2,000
Sale of 1/4 oz or less class A misdemeanor 1 year $4,000
1/4 oz to 5 lbs state jail felony 180 days - 2 years $10,000
5 to 50 lbs felony of the second degree 2 - 20 years $10,000
50 to 2,000 lbs felony of the first degree 5 - 99 years $10,000
2,000 lbs or more felony MMS 10 - 99 years $100,000
To a minor felony 2 - 20 years $10,000
Within 1,000 feet of a school or within 300 feet of specified areas misdemeanor or felony increased penalty increased penalty

www.norml.org
Reply to this comment
by honestabe8 November 6, 2008 9:04 PM EST
all that over frigging weed. is that insane or what?
Reply to this comment
by slim1h2o November 6, 2008 9:14 PM EST
all that over frigging weed. is that insane or what?


--------------------------------------------------------------------------------

Posted by honestabe8 at 06:04 PM : Nov 06, 2008

Yes!

Goodnight Abe,I''m closing up shop. Have a good evening.

Reply to this comment
by honestabe8 November 6, 2008 9:22 PM EST
you too, slim...burn one when you get home
Reply to this comment
by honestabe8 November 6, 2008 10:12 PM EST
lib: depends on the stoner. some handle it better than others. same as with any intoxicant
Reply to this comment
by kansas1946 November 6, 2008 10:51 PM EST
Finally at least the states are starting to show some sanity regarding marijuana.
Reply to this comment
by honestabe8 November 7, 2008 12:03 AM EST
Kansas: I agree. Here in Michigan, we just passed a Medical Marijuana initiative. I feel that decriminalization is the next step in chipping away at this behemoth of bad policy
Reply to this comment
by honestabe8 November 7, 2008 9:17 AM EST
lib: rather than looking at it as another temptation, perhaps it would help to look at it as an alternative to a much more dangerous substance to the individual and society such as alcohol. Do you think that Anheuser-Busch (or any large scale alcohol manufacturer) wants to compete with pot? I sort of doubt it. What do you think?
Reply to this comment
by slim1h2o November 7, 2008 9:59 AM EST
Posted by honestabe8 at 06:17 AM : Nov 07, 2008

There''s a few agencies that would not want to see that marijuana become legalised, The DEA....MADD, and any other group that is paid to enforce, or lobby for these sham laws.

Just think of all the lay-offs that would occur, when and if pot was de-regulation was to happen.

And also, the local police departments, that have become dependent on the these crazy forfeiture laws as well.
Of course they fail to realise that the extra tax that would be collected, would easily wipe out any loses, or budget short falls.

Abd I''m sure the murder rates, and the police shootings would likely drop as well.

Finally,, a win/win situation,,,,
Reply to this comment
by honestabe8 November 7, 2008 10:51 AM EST
slim: i agree. also, there are lots of blowhard prohibitionist politicians who will have to eat crow.
Reply to this comment
by honestabe8 November 7, 2008 11:19 AM EST
John P. Walters will be out as head of the Office of National Drug Control Policy (ONDCP). Hopefully, Obama replaces him with someone a bit more...honest.
Reply to this comment
by honestabe8 November 7, 2008 1:29 PM EST
Whether alcohol is a gateway drug has nothing to do with taxes paid.
Reply to this comment
by rrozsa-2009 November 7, 2008 2:39 PM EST
IMO, the only reason pot is ever a "gateway" to harder drugs is because people have to go to dealers (of other, harder drugs) to buy it. If it''s legal to grow your own, most of those users will not have to ever even MEET a dealer, or be tempted to try harder drugs.
Reply to this comment
by rrozsa-2009 November 7, 2008 2:43 PM EST
Also, if it is legalized and taxed by the government, that''s a whole lot of revenue coming INTO the government''s coffers rather than billions SPENT in fighting the losing battle. Our government might even become financially solvent! ;-)
Reply to this comment
by slim1h2o November 7, 2008 2:52 PM EST
Posted by rrozsa at 11:39 AM : Nov 07, 2008

I don''t agree, The only "gateway drug" (if there really is one) is nicotine. By the time you get used to the buzz", it''s time to find something else to smoke.

And longs you are acclimated to inhaling cigarette smoke, it''s not much of a stretch to inhale pot smoke.
Reply to this comment
by honestabe8 November 7, 2008 3:04 PM EST
slim: it doesn''t seem to work the other way, pot to ciggs.
Reply to this comment
by slim1h2o November 7, 2008 3:13 PM EST
Posted by honestabe8 at 12:04 PM : Nov 07, 2008

Exactly..

In fact, if I smoked weed 1st, I probably would have never smoked ciggs.

Much more healthier,than ciggs.

Reply to this comment
by honestabe8 November 7, 2008 3:57 PM EST
slim: i had half a ciggy when i was 13, coughed my head off and haven''t touched one since. ganja is my choice.
Reply to this comment
by slim1h2o November 7, 2008 6:34 PM EST
honestabe8

Have you noticed a decline in posters, and the absence of all the "barbie dot com" nonsense.

Where did all the posters go? Your name is the only name I recognise as part of the "old" crowd.

Ya know? What do ya think? And it''s not just on this story,,I have been looking around,,,it''s the same story..
Reply to this comment
by honestabe8 November 7, 2008 7:25 PM EST
slim: i hadn''t really noticed. i did notice some blowhards on this subject, both on this site and the local (detroit) sites regarding medical marijuana. i suspect they were cops just looking out for their overtime. but, i am going down to my basement and burn one, so i may be more expressive when i come back
Reply to this comment
by slim1h2o November 7, 2008 8:05 PM EST
honestabe8

Have you noticed a decline in posters, and the absence of all the "barbie dot com" nonsense.

Where did all the posters go? Your name is the only name I recognise as part of the "old" crowd.

Ya know? What do ya think? And it''''s not just on this story,,I have been looking around,,,it''''s the same story on other stories as well.

It seems that the old crowd has disappeared, like RandlDS, Iceman-1960,, and a host of others, that seemingly has disappeared.

Of course the dot-com''ers that have been shooed away, well,,that''s all well and good, if you should ask me.


Reply to this comment
See all 45 Comments
  • MOST POPULAR
  • Viewed
  • Commented
Latest News
Featured Blogs