Beginning Friday, police in Massachusetts will be required to issue $100 citations to anyone caught with less than an ounce of marijuana.
Only problem is, some police officials are uncertain about how to enforce the law and are even dreading being the first department to do so.
"We're ringing in the new year with a new law not everyone knows how to enforce," Lawrence police Chief John Romero said.
In November, 65 percent of Massachusetts voters approved a referendum to ease 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.
They can either pay a fine to a clerk or request a hearing with a local district court.
Law enforcement officials have had just under two months to adapt to the new rules.
North Andover police Lt. Paul Gallagher said his department so far has no protocol on how to deal with the situation.
"We really need a little more time to figure it out," Gallagher said. "We're dreading this. ... Everything is not in effect for police to do this."
The Executive Office of Public Safety and Security only yesterday released guidelines advising on the law's practical enforcement, giving police departments just a few days to brush up.
The new guidelines, available on the agency's Web site, say possession of an ounce or less of THC — the primary psychoactive ingredient in marijuana, hashish or hash oil — may now be decriminalized as well.
Guidelines also recommend that cities and towns pass ordinances banning public use of such drugs. They make clear that the law doesn't change existing regulations against drug distribution or driving under the influence, for example. All law enforcement officers with civil powers — including campus officers — can issue tickets.
But yesterday, chiefs still had questions, like what they should do with people caught with joints who refuse to identify themselves or how do they prosecute cases where there is an intent to distribute if it's less than an ounce.
Even simpler, where do they get these citations?
"There really hasn't been, in my opinion, enough questions answered." said Groveland police Chief Robert Kirmelewicz. "With this being a non-criminal fine, people are going to have the right to appeal it, just like a motor vehicle hearing."
With that appeal process in mind, Kirmelewicz wondered if departments will still have to send all confiscated marijuana to the drug lab to be tested as if it were a criminal case.
"If this is the case, it's going to require a lot of time, money and energy for what, a $100 fine?" Kirmelewicz said.
Most departments are hoping for an uneventful Friday. Nobody wants to be the first.
Andover police Lt. James Hashem said his department was ready to issue the citations, at the very least.
"We already have the citation paper. It's like any other civil infraction," Hashem said. "It's what happens after, that is what's up in the air. The majority of headaches will be after the citation is issued."
Courts eventually are expected to have to settle questions on its scope.
"It was a poorly written ballot question by design," Hashem said. "It's ambiguous, so there will be test cases early on."
District Attorney Jonathan Blodgett will speak about the law on Jan. 7 at an Essex County Police Chiefs Association meeting, according to Spokesman Steve O'Connell.
Kirmelewicz said the new law's ramifications will become clearer in six months to a year.
"Really, the DAs' hands are tied," said Kirmelewicz. "They're trying to do what they can. There's really not a lot of leeway for us."
Massachusetts is the 12th state in the country to decriminalize possession of small amounts of marijuana.
For Haverhill Deputy Chief Donald Thompson, there's no use in worrying.
"We'll just take it as it comes," he said.
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