Some Massachusetts communities have given up enforcing the 21-month-old law decriminalizing possession of small amounts of marijuana, but local police say they are continuing to write the civil citations for those caught with an ounces or less the drug.
The law, which passed as a ballot measure in November of 2008, set a civil fine of $100 for people caught with an ounce or less of marijuana. It replaced a criminal law carrying a penalty of up to six months in jail and a $500 fine.
But police say the new law does not require those caught with small amount of marijuana to correctly identify themselves and does not provide a way to force them to pay the civil fine of $100 for each offense.
Detective Capt. Alan Ratte, commander of the Haverhill Police detective division, acknowledged the problems with the law but said officers there continue to hand out the civil citations.
"We are definitely giving out citations for violations and letting them go through the system," Ratte said. "Eventually the legislature will correct the loopholes, and in the meantime we will work with what we have."
The law "lacks some teeth" and the legislature needs to correct the deficiencies, Ratte said. He could not immediately say how many citations Haverhill officers have written since the law went into effect.
North Andover Detective Lt. Paul Gallagher said police there are issuing the citations, but he agreed the law needs work.
"Hopefully that will be cleared up by our Legislature," Gallagher said of the loopholes. "We feel there should be some penalty if the fine is not paid."
He said North Andover police have written 59 civil citations since the law's inception. Capt. Thomas Fram, second in command of the Methuen Police Department said his officers are still issuing the citations.
"We are still using it, but it is very difficult to find out how effective it is," Fram said.
Jeffrey Gillen, deputy police chief in Groveland, called it "a ridiculous law.''
"It's detrimental to everything we have been working towards with keeping people away from drugs,'' he said.
Gillen said Groveland police have seen an big increase in the number of young people with marijuana.
"They're comfortable knowing that they won't be arrested, and they're more comfortable possessing it,'' he said. "I think it is going to get worse.''
Lawrence Chief John Romero said his department has issued less than a dozen of the citations since the law was enacted.
"We deal with big drug cases here," Romero said. "We generally see heroin and cocaine."
From time to time, he said, police do come across marijuana, but it most often is in quantities significantly larger than the law addresses.
Police officials say that with most civil citations, such as speeding tickets, there are repercussions for those who don't pay the fines. In some cases police can even bring criminal charges against those who fail to pay.
But they cannot do so in the case of possession of less than an ounce of marijuana.
The only recourse for city and town clerks, to whom the responsibility for collecting the fines has fallen, is to take the offender to small claims court, which the clerks say is not worth the time or effort to recoup the $100 fine.
The result is inconsistent enforcement of the law statewide, with some communities handing out hundreds of civil citations and others turning a blind eye to personal marijuana use.
"A number of communities have tried, but a number have just given up," said Wayne Sampson, executive director of the Massachusetts Chiefs of Police Association.
And New Bedford police Chief Ronald Teachman said ticketing of individuals is not effective without a backup or other consequences for non-payment of fines.
And other officers say they are handcuffed because the law doesn't require people caught with small amounts of marijuana to provide identification.
"If they tell you their name is Yogi Berra or Ronald McDonald, nothing allows for further positive identification," Sampson said.
Some police officials around the state say challenges in enforcing the new law have created an environment where marijuana use is, in effect, a legal activity.
"It is for all intents and purposes, legal as long as you have an ounce or less," said Wellesley police Deputy Chief William Brooks.
— Material from the Associated Press was used in this story.
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