Massachusetts Towns Undercut Pot Decriminalization
Published April 22, 2009 @ 04:51AM PT
Last year, Massachusetts joined 12 other states in decriminalizing marijuana. Now, with the new law just six months young, local jurisdictions are fighting back with laws of their own. At least seven towns and cities in the state have passed laws regulating marijuana use in public, with some adding fines for public use and others opening the door to misdemeanor charges. From the Boston Globe:
Advocates of last fall's ballot initiative say the new civil fines for smoking marijuana in public are, at best, unnecessary because those individuals can already be fined for possession. At worst, they say, bylaws that treat smoking violations as a misdemeanor are a backdoor attempt to subvert the will of Massachusetts voters, who approved decriminalization in November by a margin of nearly 2 to 1.
"This seems to be much more about people who never liked the law to begin with looking for an end run around the will of the voters," said Dan Bernath, a spokesman for the Marijuana Policy Project, an advocacy group in Washington, D.C., that rallied support for the ballot initiative known as Question 2.
Possession and consumption are different animals, and perhaps cities and towns are addressing an important omission from the referendum. Advocates for legalization, like myself, often argue that marijuana should be treated like alcohol - and it's against the law to drink in public as well. Perhaps there's a lesson here for states that follow Massachusetts in decriminalizing pot.
But there does seem to be a motive to fight back against the new laws, and that's not the right sentiment. Voters overwhelmingly supported decriminalization and the new law should be respected, not circumvented by cities and towns - or the state legislature.
To have order we must be able to trust our state laws and follow them. Passing municipal laws against marijuana use - perhaps motivated by tradition and old-fashioned mores against marijuana - simply muddies the water and delays the inevitable end of prohibition.
I believe marijuana will eventually be treated much like alcohol. The process of getting there will undoubtedly include some legal gray area and backhanded legislation from all corners. Making this process as smooth as possible by bringing all potential sides into a coalition and anticipating backlash should be a goal of the marijuana reform movement.
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Matt has worked and volunteered in various capacities in criminal justice reform for several years. When he's not blogging, he works as the Online Communications Manager at the Innocence Project. Views expressed here are Matt's, and don't represent the positions of the Innocence Project.
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The law's should be treated like the law's for alcohol consumption.
Posted by Ronald Waxter on 04/22/2009 @ 08:47AM PT
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Everyone in Mass. (as well as everyone out there in support of cannabis law reform) needs to remember to make it out to the Global Marijuana March on May 2nd. The Boston march is down right HUGE! Our numbers can't be ignored! And while you're at it notify local and national media about the event you are going to be at. If we all work together we can force lawmakers to listen.
www.globalmarijuanamarch.com
Posted by mikey johnson on 04/22/2009 @ 12:21PM PT
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Everyone in Mass. (as well as everyone out there in support of cannabis law reform) needs to remember to make it out to the Global Marijuana March on May 2nd. The Boston march is down right HUGE! Our numbers can't be ignored! And while you're at it notify local and national media about the event you are going to be at. If we all work together we can force lawmakers to listen.
www.globalmarijuanamarch.com
Posted by mikey johnson on 04/22/2009 @ 12:21PM PT
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It sounds like the law was passed, the fight is not with the "law makers" that passed the law. What will be the message of this march, make it legal, the community already did ?
The fight is with those that are interpreting and executing the laws. The focus has to be on client leverage over their attorneys and in turn their leverage over the judges (standing up to demonstrated bias by these judges). If an attorney has something to lose they will represent diligently, if not they will chose the path of expediency. Again I highlight that the Virginia State Bar changed their ethical policy in 2000 changed its policy. From addressing "strategy" with Code of Professional Responsibility to avoiding "strategy" with Professional Guidelines and Rules of Professional Conduct. That change was the year our fifth attorney deserted.
For perspective note the Bybee interpretation of torture....
Posted by jowey styxx on 04/23/2009 @ 05:07PM PT
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