Despite efforts by the Attorney General, it looks like most Massachusetts towns and cities are not freaking out about the new marijuana decriminalization law—or at least, not yet.
According to MassCann—the state chapter of the National Organization for the Reform of Marijuana Laws, or NORML—so far, only about 20 percent of the state's 351 municipalities appear interested in passing local pot ordinances in response to the passage last fall of Question 2. That ballot question made possession of less than one ounce of marijuana a civil, not criminal, violation.
The law was approved by 65 percent of voters. It was definitely not approved of, however, by many in law enforcement, including the state's district attorneys and the Attorney General. Indeed, after the law was passed, AG Martha Coakley began urging communities to adopt their own bylaws that would inflict local penalties for public pot smoking, above and beyond the $100 fine approved by voters.
So far, 13 municipalities—including Springfield—have passed local bylaws, based on a model provided by Coakley, which tack on additional fines ranging from $100 to $300. In March, the Springfield City Council passed an ordinance that creates a $100 fine for public pot smoking if it's a first offense. A second offense triggers a $200 fine; third and subsequent offenses result in a $300 fine.
The Springfield ordinance was sponsored by Councilor Jimmy Ferrera, who described it as part of a larger effort to improve quality of life in the city. By creating the ordinance, "[Springfield] could be a leader in the region," he told the Advocate at the time.
So far, no other local community has followed the lead of Springfield, which is the only municipality in western Mass. to create a local pot law. Ordinances could be on the horizon, however, in North Adams and Pittsfield; in both cities, police officials are urging the City Councils to create local fines. The question is also expected to come up at Town Meetings in Belchertown (May 11), Hadley (May 7) and Lenox (May 7).
While local bylaws were allowed under Question 2, drug-law reformers see them as subverting the will of voters, who voiced their support for the $100 fine. MassCann is tracking these local efforts on its website: www.masscann.org.
