Nov 5, 2008 4:37 pm US/Eastern
What Does The Marijuana Vote Mean?
BOSTON (WBZ) ―
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The larger bag at right contains an ounce of marijuana. The smaller bags depict the same amount - an ounce - broken up into smaller amounts, typical of how the drug would be packaged for individual sales.
Boston Police Department
Massachusetts voters decided to ease marijuana laws Tuesday.
So what does that really mean? It means anyone caught with an ounce or less of pot will no longer be considered a criminal in Massachusetts.
Instead, they'll have to pay a $100 fine and be forced to turn over the drug.
(To get a better idea of what an ounce looks like - take a look at the photo on the right side of the screen)If they're under 18, they'll have to complete a drug awareness course or face a stiffer, $1,000 fine. Parents or legal guardians must also be notified.
The new law will go into effect 30 days after the vote is certified. Based on past elections, that certification will likely happen in early December, with the new marijuana law taking effect in early January.
Is that enough time? It depends who you ask.
Watch: WBZ's Web Exclusive Debate On Question 2Barnstable District Attorney Michael O'Keefe opposed the measure.
He said the state must set up a new system to adapt to the new law, including retraining officers. He said he didn't know if it was realistic to make the shift in so short a time.
"Who do they report that ticket to? Who is going to oversee that?" O'Keefe said.
"We have a Registry of Motor Vehicles in this state, but we don't have a registry of dope smokers yet, but apparently we will now," he said.
Joseph Early, one of the state's 11 District Attorneys who opposed Question 2, said you have to respect the will of the voters but he still wants young people to get another message. "It's not OK to get behind the wheel of a car after you've either been drinking or smoking marijuana."
There's significant concern in the law enforcement community that the passage of Question 2 may affect your safety on your way to and from work. "I think it's going to increase car accidents significantly and I think it's going to increase charges of operating under the influence of drugs significantly," said Auburn Police Chief Andrew Sluckis. But police say it's difficult to get convictions for driving of under the influence of drugs without a blood test.
Supporters say it shouldn't be a big problem.
They claim police are already equipped to give out citations on a range of non-criminal offenses.
A spokesman for the Marijuana Policy Project, which supported Question 2, said, "In the real world, very little is going to happen (that) 11 other states have similar laws and the sky hasn't fallen."
What changes will the new law bring? Supporters claim it will save taxpayers $30 million in costs associated with marijuana arrests.
They believe the new law will also keep thousands of offenders from having a criminal record, which can make it harder to get a job, student loan or gain access to public housing.
"It's going to end the creation of thousands of new people being involved in the criminal justice system each year and refocus law enforcement resources on violent crime," said Whitney Taylor of the Committee for Sensible Marijuana Policy.
Critics say it will lead to more drug abuse among young people.
They argue that marijuana is a gateway to harder drugs and that the marijuana available on the streets today is more potent than pot three decades ago.
They also say that existing state law already requires judges to dismiss charges and seal records for first-time offenders.
Are Other States Doing This? Massachusetts is now the 12th state in the country to decriminalize possession of small amounts of marijuana.
View: A state-by-state map of marijuana lawsAny chance of the new law being changed?
"Question 2 now has the force of law and the Speaker sees no reason to consider a repeal or amendment at this time," David Guarino, the deputy chief of staff for House Speaker Sal DiMasi, told WBZ in an email Wednesday afternoon.
Legal questions remain. What if someone breaks an ounce into smaller amounts? Is that intent to distribute?
"It's another very valid question," said Early who doesn't think we've heard the end of this.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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