By Matthew K. Roy
It has not led to the widespread public use of marijuana, but local law enforcement officials still have concerns about the law decriminalizing possession of small amounts of the drug.
In effect since January 2009, the law made possession of an ounce or less of marijuana punishable by a $100 civil penalty and forfeiture of the contraband. Since its implementation, Salem police have issued 55 citations, but only 17 have been paid.
The problem, according to police Chief Paul Tucker, is that the law does not have any repercussions for nonpayment. A citation has fewer teeth to it than a parking ticket, which, if unpaid, can prevent motorists from renewing a registration.
There has been more compliance in Beverly, where 23 of the 35 citations issued by the department have been paid. But police spokeswoman April Clarizia believes the law has to be adjusted to compel payment.
"Something has to be done," she said. "It has to be enforceable."
Eighteen of the 32 citations Peabody police gave out in 2009 have been paid.
"Right now," police Capt. Dennis Bonaiuto said, "a clear-cut enforcement mechanism is lacking."
The law changed after voters passed a referendum question in November 2008. It has led to fewer arrests, a drop in the district attorney's caseload, but not to the increased use of the drug in public.
"Our concern was public use of marijuana and people using it around children or in city parks," Beverly Chief Mark Ray said. "We haven't really seen that occurring and we're pleased with that."
In 2009, Danvers police issued 23 marijuana-related civil citations. The department also had six summonses and three arrests last year for possession of amounts greater than 1 ounce. That compares with 47 arrests and 17 summonses for marijuana possession in 2008, and 56 arrests and 12 summonses in 2007.
Such a decline in Danvers and other communities in the North Shore has led to a "substantial" drop in the number of marijuana possession cases handled by Essex County District Attorney Jonathan Blodgett's office, spokesman Steve O'Connell said.
In 2008, the district attorney's office dealt with 941 marijuana possession charges. In 2009, when it saw only instances when possession exceeded an ounce or more, it dealt with 112 charges.
But the drop has had little impact on the office's workload, O'Connell said, because first-time offenders 21 and younger were referred to a youthful or juvenile diversion program prior to the change in the law. The cases of first-time offenders over 21 were typically continued without a finding.
"These types of cases were not that time-consuming," O'Connell said.
An offender younger than 18 under the new law is fined and must complete a drug awareness program or be subjected to enhanced penalties.
The change in the law hasn't changed local chiefs' attitude toward marijuana.
"It sends the wrong message," Danvers Chief Neil Ouellette said. "Although it's still a crime, they misunderstand the law and they think it is legal to possess under an ounce."
Marijuana is a gateway to other drugs that is becoming more and more potent, Ouellette said.
"It leads to significant problems around driving safety," he said.
Despite their misgivings, however, local departments are adapting.
"I disagreed with the law from the beginning," Tucker said, "but, obviously, we enforce the law."
Staff writer Ethan Forman contributed to this story.
Marijuana law
Marijuana citations issued
Salem55
Beverly35
Danvers27
Peabody32*
* in 2009
Possession charges handled by district attorney's office
20082009
941112
Source: Local police departments, DA's office
