After Vote To Decriminalize Pot, Now What?
Mass. Law Enforcement Grapples With Ditching Criminal Cases, Applying Civil Penalties
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(CBS/AP)
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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.
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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.
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.
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.
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.
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........
Poptarts & Pringles!!!!!!!!!!!!!!!!
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....
Longs we had Poptarts and Pringles,,,we''d be fine.
As dandelion wine.....
LOL
Smoke it if ya got it....
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.
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.
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
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Posted by honestabe8 at 06:04 PM : Nov 06, 2008
Yes!
Goodnight Abe,I''m closing up shop. Have a good evening.
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,,,,
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.
Exactly..
In fact, if I smoked weed 1st, I probably would have never smoked ciggs.
Much more healthier,than ciggs.
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..
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by slim1h2o
November 7, 2008 8:05 PM EST
- honestabe8
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Reply to this comment
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See all 45 CommentsHave 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.