Pompo

Marijuana decriminalization thrills some, worries others
1/3/09|Sentinel And Enterprise| by Shauna Staveley

Ashby resident Dustin Rantala thinks the law decriminalizing the possession of less than an ounce of marijuana is a benefit to Massachusetts taxpayers.

"Such a small amount of marijuana really isn't a big deal," Rantala, 18, said Friday night outside of Market Basket on John Fitch Highway in Fitchburg. "I think it's going to be good because all our tax money isn't going to be going toward (prosecution)."

Massachusetts voters passed Question 2 in November, making possession of an ounce or less of THC -- the primary psychoactive ingredient in marijuana, hashish or hash oil -- subject to civil penalties instead of criminal penalties in the state. The penalties include a $100 dollar fine and police confiscating the drug, and the law excludes distribution and driving under the influence.The law went into effect Friday.

Police chiefs and the state's 11 district attorneys opposed marijuana decriminalization.

They said it would ease access to what they consider a "gateway drug" and impede their ability to arrest drug traffickers and other criminals who often first become suspects because of marijuana possession.

Rantala said he did feel that marijuana was a "gateway drug," meaning if someone tries marijuana they would be more likely to try other drugs as well.

"But, I think if they're not strong enough to say no to other drugs, they'll also do the other drugs anyway," Rantala said.

Steven Epstein, treasurer and one of the founders of the Massachusetts Cannabis Reform Coalition, said Friday that "it's about time" a law like Question 2 passed.
"Yet, it doesn't go far enough," Epstein said. "It should be legalized, regulated and taxed like alcoholic beverages, and for those who have medical needs, and hemp should be grown for all its virtuous uses."

Tammy Chartier, from Ashby, said she voted "yes" on Question 2 outside of Market Basket.

"I just think if you get stuck with a little bit, it shouldn't ruin your whole life," Chartier said, adding that treatment is a better solution.

Kevin Chartier, shopping with Tammy Chartier, said offenders should be "given a chance to get healthy" when caught in public, not arrested.

But Tammy Chartier said only one chance should be given.

"If they do it again, they should have to go to jail," Tammy Chartier said.

Kevin Chartier said it's a good idea to have a drug program for offenders younger than 18.

"If they're under age, give them a chance to go through a drug program, and I think their parents should be involved with it," Kevin Chartier said.

Under the new law, the parents or legal guardians of offenders younger than 18 will be notified of the marijuana offense, according to the Web site of the Secretary of the Commonwealth of Massachusetts.

The offender is directed to take a drug awareness program, and if the offender does not complete the program within a year, he or she could pay a fine up to $1,000 unless the offender cannot afford to pay, a program is not available, or the offender shows an "inability to pay," according to the Web site.

Tammy Chartier said she supports the idea of municipalities creating bylaws or ordinances to discourage marijuana use in public.

Fitchburg Police Chief Robert DeMoura said on Tuesday he wants to look into ways to make public marijuana smoking an arrestable offense.

"This law raises a lot of challenges for law enforcement, city officials and school officials," DeMoura said. "So we need to review what we feel is a fair response to this locally."

DeMoura said he wants to place restrictions on the drug's use similar to restrictions of public alcohol consumption.

Fitchburg Mayor Lisa Wong said on Tuesday that she would support some restrictions on public marijuana use.

However, she said she would want to ensure that any ordinance does not impose on civil liberties.

"I support looking into an ordinance," said Wong, who opposed Question 2. "We just want to make sure ... we don't go beyond what a local municipality can legally do."

But possession has "already been theoretically prohibited in public," Epstein said .

"The only thing is, do not recriminalize it," Epstein said. "Do not use bylaws and ordinances prohibiting use in public so police officers can throw handcuffs on people (for possession of less than an ounce)."

Epstein said he was not surprised Question 2 passed by such a large margin, with 65 percent voting in favor and 35 against.

"The reason we knew it would pass is we had public policy questions on the ballot that always passed by a similar margin," Epstein said.

Epstein said he'd like to see an amendment of medicinal marijuana use laws by the Legislature.

He said patients have to go through extra, unnecessary steps to access the drug.

"Right now our law says we have to get federal approval for the source of medicine, and 13 other states don't require that. ... for me, it's about individual liberty."

Chris Bujold, owner of the Boulder Cafe in Fitchburg, said he voted in favor of Question 2 and felt the issue was not about whether people disagree or agree with the use of marijuana.

"It's about whether or not you felt the funds were being spent responsibly, to the tune of $30 million dollars a year to prosecute those who have offended," Bujold said.

He said he didn't feel the prohibition of marijuana before the passing of Question 2 was successful.

"I don't think there's any enablement as far as the quantity is concerned," Bujold said of the rule that less than an ounce is decriminalized. "The quantity is not going to allow people to make a profit, not going to allow anybody to do something they hadn't done before."

As for whether the new law could adversely affect his business, he said he'll treat smoking marijuana the way he'd treat the smoking of a cigarette in the Boulder Cafe -- he would not allow it.

"It's prohibited by the Commonwealth," Bujold said. "We don't let people smoke anything inside the establishment. So I don't feel it affects us in any way on the inside. ... We're responsible for what happens inside our four walls, and making sure we don't enable somebody to do something after they leave," such as driving under the influence of a drug.

The Associated Press contributed to this report.