Nov 4, 2008 10:51 pm US/Eastern
Mass. Voters OK Easing Marijuana Laws
BOSTON (AP) ―
People caught with an ounce or less of marijuana will no longer be considered criminals in Massachusetts, after voters approved a ballot question Tuesday designed to ease the prohibition on the drug.
Under the new law, which takes effect in 30 days, those caught with the small portion of the drug will be forced to give up the pot and pay a $100 fine instead of facing criminal penalties.
Supporters of the ballot question hailed the win, saying 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 the question would save taxpayers $30 million in costs associated with marijuana arrests.
The win makes Massachusetts the 12th state in the country to decriminalize possession of small amounts of marijuana.
"It's nice to see that the voters of Massachusetts saw what a sensible policy Question Two is," said Whitney Taylor of the Committee for Sensible Marijuana Policy. "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."
Critics, led by the state's 11 district attorneys, 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 already requires judges to dismiss charges and seal records for first-time offenders.
Barnstable District Attorney Michael O'Keefe, who helped lead the opposition, said the state now must set up a new system to deal with the new law, including retraining police officers.
"Who do they report that ticket to? Who is going to oversee that?" O'Keefe said.
O'Keefe called the question a "mistake and bad public policy" and said it may not be realistic to make the switch within 30 days.
"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.
O'Keefe also complained that opponents were outspent by out-of-state activists who poured hundreds of thousands of dollars into the organizing effort and signature-gathering campaign.
Among those contributing to supporters of the question was billionaire financier and liberal activist George Soros, who donated $400,000.
Taylor dismissed O'Keefe's criticism, saying police already have citation booklets and can use them to issue tickets to those caught with small portions of the drug. She also said the group has no other plans to decriminalize drugs in Massachusetts.
Under the new law, anyone under 18 caught with an ounce of less of marijuana has to complete a drug awareness course or face a stiffer, $1,000 fine. Parents or legal guardians must also be notified.
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