Special Article 16 - Penalties for consuming marijuana in public

Article 16 created a local penalty for the public consumption of marijuana (and marijuana derivatives).

When the possession of small amounts (less than 1 ounce) of marijuana was decriminalized, it did not make the illegal drug legal. It simply made the possession of small amounts a civil instead of a criminal infraction.

However, the law left a little to be desired. For example, marijuana is still an illegal drug, but there is no serious deterrent to possessing and/or using small amounts. The local bylaw created a $300 local fine in addition to the state's $100 fine.

It also focused on the use of marijuana in public. As Chief Riello noted during town meeting, someone can be arrested for drinking a beer in public, but they can't be arrested for smoking marijuana in public. Hence this proposed local bylaw.

Unfortunately, most of town meeting favored an amendment which removed the language of a "criminal indictment." While this language was unlikely to pass muster with the state (only the state can create criminal statutes), it would have sent a message that we need to tighten these loopholes. I voted "no" against this amendment, but it passed.

I voted "aye" for the article; it passed.

All that said; I have to share something that few folks at home could see.

Near the front of the Lawrence School Auditorium sat four school committee members, Chairman Jamie MacDonald, Terri Medeiros, Susan Augusta and Rebecca Moffit. As individuals, these four persons have every right to vote how they wish. However, as town meeting representatives and school committee members, they have an obligation to explain their votes to the public they were elected to represent.

What were their votes?

All four voted against Article 16.

How can these four individuals, who are tasked with overseeing the education of our children, justify voting against an article which would help discourage drug use?

Do they think it is acceptable to use marijuana in public places such as our schools?

If not, what policies have they implemented that are more strict than a $300 fine?

These votes were even more appalling in light of a recent substance abuse survey (the results of which happened to be published in the Friday, April 10, 2009 Falmouth Enterprise; the very same paper which covered this issue and other town meeting votes in detail) which found that marijuana is the second most abused drug amongst teens in Falmouth.

Inquiring minds want to know.