cannabisnews.com: DA Speaks Out Against Marijuana Decriminalization DA Speaks Out Against Marijuana Decriminalization Posted by CN Staff on October 08, 2008 at 19:25:36 PT By Sarah Menesale, GateHouse News Service Source: Daily News Tribune Georgetown, MA -- Mary Jane, pot, weed, ganga — call it what you want, but Massachusetts voters will decide on a burning issue in the Nov. 4 election that’s caused quite a stir between advocates and opponents of current marijuana laws in the commonwealth.Essex District Attorney Jonathan Blodgett talked about his opposition to Question 2 — which would decriminalize possession of small amounts of marijuana — at a meeting Friday morning with reporters and editors in Beverly. His opinions differ sharply with those of Georgetown’s Steve Epstein, a well-known local advocate of reducing the penalties for marijuana possession.“Ballot Question 2 would undoubtedly have a negative effect on children. It will facilitate young people smoking grass,” Blodgett said.Blodgett focused on what decriminalization would mean and the dangers of marijuana during the informal question-and-answer session.“There’s no question this is a baby step [for supporters]. Their ultimate goal is the legalization of drugs,” he said of Question 2, which he said is being backed by Hungarian-born American financial guru and political activist George Soros.If Question 2 passes, it is binding legislation and will go into effect eight weeks after the election.Question 2 on the Nov. 4 statewide ballot asks voters to approve or deny a proposed law that would, “replace the criminal penalties for possession of one ounce or less of marijuana with a new system of civil penalties, to be enforced by issuing citations, and would exclude information regarding this civil offense from the state’s criminal record information system.”Offenders age 18 or older would be subject to forfeiture of the marijuana plus a civil penalty of $100. Their parents would also be notified of the offense and the option to complete a drug awareness program. Offenders under the age of 18 would be subject to the same forfeiture and, if they complete a drug awareness program within one year of the offense, the same $100 penalty.The proposed law would define possession of one ounce or less of marijuana as including possession of one ounce or less of tetrahydrocannibinol (“THC”), or having metabolized products of marijuana or THC in one’s body.A YES vote would replace the criminal penalties for possession of one ounce or less of marijuana with a new system of civil penalties. A NO vote would make no change in state criminal laws concerning possession of marijuana. The money received from the new civil penalties would go to the city or town where the offense occurred.“I would have a better debate with you if the fine was $2,000. It would be a more serious discussion. Don’t tell me a $100 fine isn’t going to be a joke for people who can afford to buy an ounce,” Blodgett said, noting that an ounce of marijuana typically sells for $300 to $600.He added, “I don’t want the guy next to me drunk on I-95. And I don’t want the guy next to me on 95 stoned.” Looking for Legalization Georgetown’s Steve Epstein disagrees that a move toward legalization would be bad policy.Epstein, an attorney and Georgetown resident since 1987, is one of the founders of the Massachusetts Cannabis Reform Coalition, which was started in 1989. “I think it should be [fully] legalized. I make no bones about it,” said Epstein this week. He says that’s where he differs from the Committee for Sensible Marijuana Policy, which is backing Question 2. That group is currently not lobbying for further decriminalization beyond what is called for in the ballot initiative, but Epstein thinks Question 2 should just be a first step.Epstein has worked for years to turn simple marijuana possession by adults into a civil, rather than a criminal, offense. He also supports legal marijuana use for medical purposes, saying in past interviews, “If marijuana dealers were licensed and taxed, they’d have an incentive to keep marijuana out of the schools.”Ten other states have legalized marijuana use for medicinal purposes.Blodgett argued that those states’ illegal marijuana use is higher, saying Alaska is pushing to go back to criminalizing the possession of marijuana.Marijuana use is going to happen, Epstein reasons, saying, “The cat is out of the bag.”“All you can do is teach your children and that moderation is key,” he said. Epstein calls current marijuana possession enforcement arbitrary because the law grants the arbitrary power to the police to arrest, summons or verbally warn the offender.“That’s one of the key things to me — the arbitrariness of enforcement. It depends on who or where,” he said this week.Blodgett argued that no one in Essex, Suffolk or Middlesex counties is arrested just for possession of small amounts of marijuana, a Class D substance. They are instead summoned to court.Blodgett said juveniles who are caught with small amounts of marijuana are placed in a juvenile diversion program that consists of an online course, sessions with a counselor and possibly community service.An adult typically gets six months unsupervised probation and then the matter is closed in court, Blodgett said. They would only lose a day off of work to show up to court.“The criminal justice department is the single biggest referral of services,” he said, arguing if Question 2 passes people who would otherwise be in the system and receiving health services would no longer have access when they start getting addicted. Proponents of Question 2 say the bill would help those caught with marijuana from being denied jobs and volunteer opportunities because the charge would no longer show up on a CORI check.It now says you’ve been charged with a crime and it’s been dismissed.“If that’s the issue, we’re talking CORI reform. The governor has proposed changes. It’s an active discussion,” Blodgett said. ‘Not An Open Door’ Epstein argued that more than 10 percent of people over the age of 18 use marijuana each month.A conviction may result in incarceration in jail, loss of license, loss of a permit to carry, and more, Epstein reasons.“Prohibition fails to keep marijuana away from children more effectively than regulation of alcohol and tobacco keeps alcohol away from children. It appears the wiser course for Congress and the state legislature to tax and regulate this agricultural commodity while prohibiting it to children as we do tobacco and alcohol,” Epstein wrote in a 2005 guest column.He argued controlling the industry and charging fines similar to a parking ticket for possession of small amounts of marijuana could be a revenue maker for states.“It’s not an open door for dealers. If someone is caught with a lot of small packages, or a lot of cash, it’s indent to distribute and they can be arrested,” he said.It would still be a crime to grow marijuana, possess marijuana with the intent to distribute and to operate a motor vehicle while under the influence of marijuana.“No one should drive while impaired,” Epstein said, but cites a study that found smoking pot leaves the body impaired on a similar level as taking Nyquil.Blodgett stated that levels of THC in marijuana have risen to 30 percent, calling the marijuana found on the streets today, “Not your father’s Oldsmobile.”The stronger varieties tend to come from Canada across the border and can be laced with stronger drugs.Blodgett asked why proponents of the bill would want to be part of the “dumbing down of America,” asking who would benefit from this legislation.“This is a drug dealers’ protection act. This will seduce more kids to smoke and buy marijuana,” he said.The district attorney’s office spends as much time on prevention as they do in persecution of drug-related crimes, Blodgett explained.“We’re in the schools. We’re helping kids make good decisions,” he said.He argued decriminalizing any amount of marijuana, no matter the size, is a bad health policy.Source: Daily News Tribune (Waltham, MA)Author: Sarah Menesale, GateHouse News ServicePublished: October 8, 2008Copyright: 2008 The Daily News TribuneContact: bspiegel cnc.comWebsite: http://www.dailynewstribune.comRelated Articles & Web Sites:MassCannhttp://www.masscann.org/Committee for Sensible Marijuana Policyhttp://www.sensiblemarijuanapolicy.org/ A Responsible Change To An Unfair Lawhttp://cannabisnews.com/news/thread24210.shtmlMeasure Opens The Door To More Problemshttp://cannabisnews.com/news/thread24209.shtml Home Comment Email Register Recent Comments Help Comment #13 posted by Hope on October 09, 2008 at 10:07:06 PT "subject to forfeiture of the marijuana" Seldom is this "punishment" mentioned. If they feel they HAVE to punish someone for having marijuana... that's more than enough "punishment" right there. It's too much, really, but a heck of a lot closer to being in the realm of "reasonable", under the present sad circumstances of prohibition, than the other things they do to people over marijuana use and possession. [ Post Comment ] Comment #12 posted by FoM on October 09, 2008 at 07:59:27 PT The GCW That's doesn't sound nice tormenting trout! LOL! [ Post Comment ] Comment #11 posted by FoM on October 09, 2008 at 07:57:32 PT runruff Imaginehttp://www.youtube.com/watch?v=jEOkxRLzBf0 [ Post Comment ] Comment #10 posted by runruff on October 09, 2008 at 05:19:33 PT Imagine.................. If John were still with us.Happy Birthday John where ever you are! [ Post Comment ] Comment #9 posted by The GCW on October 08, 2008 at 21:35:37 PT FoM, Everything's fine.Been tormenting trout. [ Post Comment ] Comment #8 posted by Vincent on October 08, 2008 at 21:35:36 PT: DA Blodgett This guy, Blodgett, is an ASS! [ Post Comment ] Comment #7 posted by FoM on October 08, 2008 at 21:18:55 PT The GCW It's really good to see you. I was hoping everything was ok. [ Post Comment ] Comment #6 posted by The GCW on October 08, 2008 at 21:04:29 PT FoM, I understand the analogy however I feel sorry for horses equated with republicans.-0-But that's not why I'm stopping by.-Guama gets the stage win as protestors make the big news at Mexico's Vuelta Chihuahua.http://www.velonews.com/article/84117/guama-gets-the-stage-win-as-protestors-make-the-big-news-at"...frustration with the lack of police action since the August 16 killings of 13 residents in this small tourist town..."-0-* Essex District Attorney Jonathan Blodgett wants to keep things as usual / cannabis stays underground...* Marijuana Dispensary Raided :again and again and again / cannabis stays underground...* People are routinly killed in Mexico and around the globe over unrealistic drug and plant laws (done relatively freely and openly to keep the status quo) / the underground is dangerous... (and the beekeepers want it here to stay...)* Long live the underground for the power of the powerful. [ Post Comment ] Comment #5 posted by FoM on October 08, 2008 at 20:17:01 PT About a Horse A horse that is dying is dangerous. The Republicans right now are just like a dying horse in my opinion. [ Post Comment ] Comment #4 posted by fight_4_freedom on October 08, 2008 at 20:06:35 PT 3 Dispensaries Raided in Cali today I think they will try to use their force and power as long as they still have it. They know the end for them is near. [ Post Comment ] Comment #3 posted by HempWorld on October 08, 2008 at 19:52:24 PT Thanks FoM, I hope this form of evil will be histo ry soon! Go Obama! On a mission from God! [ Post Comment ] Comment #2 posted by FoM on October 08, 2008 at 19:45:35 PT Marijuana Dispensary Raided by Feds Wednesday, October 8, 2008 http://www.coastlinepilot.com/articles/2008/10/08/top_stories/cpt-dearaid101008.txt [ Post Comment ] Comment #1 posted by HempWorld on October 08, 2008 at 19:44:11 PT Oh Please! This is about your job and your power . And these guys are getting paid by us! That is the most outrageous thing about this.Also, it is abuse of their position in the government. In this position these people (just like police officers) are supposed to protect the common good, us, we, the people! And instead they are screwing us!Free kiff for everyone! On a mission from God! [ Post Comment ] Post Comment