Manzi seeks to increase pot smoking penalty

By J.J. Huggins
jhuggins@eagletribune.com

January 13, 2009 12:20 am

METHUEN — Now that the state has decriminalized the possession of small amounts of marijuana, Mayor William Manzi doesn't want people to think they can smoke the drug in public in his city.

The mayor wants the City Council to pass a local bylaw that will increase the penalty somebody faces if they're caught smoking dope. The bylaw could either give police the authority to criminally charge people caught lighting up in public, or slap them with a $300 fine, which would be added to the current $100 fine they face under a state law that went into effect this month.

The mayor is waiting for police Chief Katherine Lavigne to recommend whether pot smokers should be fined or face criminal penalties.

"I think the answer is less important than trying to forestall the activity or send the message that we're not going to tolerate it, in case people get the wrong idea from this decriminalization law," he said in an interview yesterday.

"I think criminalizing it might offend 61 percent of the voters," said Steven Epstein, a founder of the Georgetown-based Cannabis Reform Coalition, which advocated for the law passed in November.

The 61 percent figure he cited refers to the approximately 61 percent of Methuen voters who favored decriminalizing the drug in a ballot referendum last November.

Statewide, 65 percent of voters approved easing the state's marijuana laws, decriminalizing the possession of an ounce or less of marijuana. People caught with a small amount will be forced to hand over the drug and pay a $100 fine, while anyone under 18 will be required to complete a drug awareness program or face a stiffer $1,000 fine.

Epstein said he hasn't "seen people standing on the street corner smoking pot" since decriminalization took effect.

State Attorney General Martha Coakley and the state Executive Office of Public Safety said all cities and towns have the same option as Manzi.

The additional $300 fine would mean increased revenue for them, but that's not the point, Manzi said.

"I'm hoping that we don't generate any from it, to be honest," he said. "We're less concerned here with the revenue than we are with promoting the proper type of behavior in our public areas."

Manzi is asking the City Council to consider the proposal at its meeting Monday night.

Officials reached in other communities yesterday said they are not currently considering passing the law that Methuen is looking at.

Haverhill City Council President Michael Hart said if the police chief suggested it, he would be interested, or if it works well elsewhere.

"If this is something that seems to be helpful in other communities and you get positive feedback on it, then I'm sure it's something we would look at," he said.

"At this stage, we got a lot of other things on our plate," said North Andover Town Manager Mark Rees. "If somebody brought it forward, we could certainly review it."

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