Massachusetts Sensible Marijuana Policy Initiative
Encyclopedia
The Sensible Marijuana Policy Initiative, also known as Massachusetts Ballot Question 2, was an initiated state statute that replaced prior criminal
penalties with new civil
penalties on adults possessing an ounce or less of marijuana. The initiative appeared on the November 4, 2008 ballot
in Massachusetts
.
The measure was passed on Nov 4. and became public law on January 2, 2009
Question 2:
The law represents a break with prior law in Massachusetts, where people charged with marijuana possession faced criminal penalties of up to six months in jail and a US$500 fine, as well as a CORI report being filed.
On Tuesday, September 10, 2008 a city councillor in Worcester
called for a vote on a measure to express the opposition by the city of Worcester to the
initiative. The city council rejected and voted down the measure by a 10-1 vote, with the only vote for the measure coming from the councillor that requested the vote.
is the leading proponent of the initiative. Whitney Taylor serves as the committee's treasurer and chairwoman.
/ WHDH
Channel 7 poll has shown that 72 percent of Greater Boston
residents are in favor of replacing criminal penalties with civil fines for carrying an ounce or less of marijuana. "The public may be signaling that pursuing small-time marijuana users is a waste of taxpayer resources," said David Paleologos, director of the Political Research Bureau at Suffolk University. "This issue suggests there is a libertarian streak in the thinking of the Massachusetts voter." The poll was conducted with 400 residents between July 31 and August 3, 2008.
A FastTrack poll by WBZ TV /Survey USA on September 17 showed that 69% of all Massachusetts voters would favor either decriminalization or legalization. It was broken down to 30% want it remain a crime, 31% want it changed to a civil fine and 38% would like it to be legalized completely. The poll had a margin of error of 4.5%.
So far 30 non-binding public policy questions calling for civil fines for possession of marijuana rather than criminal penalties have passed in legislative districts throughout Massachusetts since 2000. These questions were passed with an average of 62% of the vote in favor. No Public policy question related to replacing criminal penalties with civil fines has ever failed in the state of Massachusetts.
The Joint Mental Health and Substance Abuse Committee of the Massachusetts General Court
voted 6-1 in favor of a bill that would have made possession of less than an ounce of marijuana punishable by a civil fine.
made an initial contribution of $400,000. The committee has also received $750,000 cash as well as about $320,000 in donated time and services from the Marijuana Policy Project
, an organization created to reform marijuana laws in the United States. According to campaign finance reports, as of November 1, 2008 the committee has raised approximately US$1,250,000 to help pass the measure with $40,060.90 remaining.
Michael O'Keefe, the president of the Massachusetts District Attorneys Association, is opposed to the initiative. He believes that the measure will lead to an increase in minors using the drug by sending the wrong message to them.
The O'Keefe Committee is one of ten committees representing district attorneys in Massachusetts that have contributed to the Coalition.
William Breault, chairman of the Main South Alliance for Public Safety in Worcester, also plans to oppose this initiative.
Also, Middlesex District Attorney Gerry Leone has stated that in the event the majority of voters in the State of Massachusetts were to pass the initiative, he will attempt to override the vote and defeat it in an appellate process.
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
penalties with new civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
penalties on adults possessing an ounce or less of marijuana. The initiative appeared on the November 4, 2008 ballot
Massachusetts 2008 ballot measures
Three citizen-initiated measures will appear on the November 4, 2008 ballot in Massachusetts.The Massachusetts Constitution can be amended through initiative and state statutes can be proposed through initiative...
in Massachusetts
Massachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
.
The measure was passed on Nov 4. and became public law on January 2, 2009
Question 2:
- Replaced criminal penalties with a US$100 fine of which the proceeds go to the city where the offense takes place.
- Eliminated the collection of Criminal Offender Record Information (CORI) reports for minor marijuana related infractions.
- Maintained then-current penalties for selling, growing, and trafficking marijuana, as well as the prohibition against driving under the influence of marijuana.
- The law requires additional penalties for minors such as Parental notification, compulsory drug awareness program, and 10 hours community service that was not required under prior law. It also requires a larger US$1,000 fine and possible delinquency proceedings for those under 17 if they do not complete the requirements of the law.
The law represents a break with prior law in Massachusetts, where people charged with marijuana possession faced criminal penalties of up to six months in jail and a US$500 fine, as well as a CORI report being filed.
On Tuesday, September 10, 2008 a city councillor in Worcester
Worcester, Massachusetts
Worcester is a city and the county seat of Worcester County, Massachusetts, United States. Named after Worcester, England, as of the 2010 Census the city's population is 181,045, making it the second largest city in New England after Boston....
called for a vote on a measure to express the opposition by the city of Worcester to the
initiative. The city council rejected and voted down the measure by a 10-1 vote, with the only vote for the measure coming from the councillor that requested the vote.
Supporters
The Committee for Sensible Marijuana PolicyCommittee for Sensible Marijuana Policy
The Committee for Sensible Marijuana Policy is a Boston, Massachusetts based organization that was devoted to passing Question 2, a marijuana decriminalization initiative also known as the Massachusetts Sensible Marijuana Policy Initiative that was passed in Massachusetts in 2008 and officially...
is the leading proponent of the initiative. Whitney Taylor serves as the committee's treasurer and chairwoman.
Organizations
- National Association of Social WorkersNational Association of Social WorkersThe National Association of Social Workers is a professional organization of social workers in the United States. It had over 150,000 members as of January 2008 and provides guidance, research, up to date information, advocacy, and other resources for its members and for social workers in general...
-- Massachusetts Chapter - Greater Boston Civil Rights Coalition
- Criminal Justice Policy Coalition
- American Civil Liberties UnionAmerican Civil Liberties UnionThe American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
— National - Law Enforcement Against ProhibitionLaw Enforcement Against ProhibitionLaw Enforcement Against Prohibition is a non-profit, international, educational organization comprising former and current police officers, government agents and other law enforcement agents who oppose the current War on Drugs. LEAP was founded on March 16, 2002...
- American Civil Liberties Union — Massachusetts chapter
- National Organization for the Reform of Marijuana Laws
- Massachusetts Cannabis Reform Coalition, Inc. (aka "MassCann")
- Univ. of Massachusetts, Amherst Cannabis Reform Coalition (not part of prev. listed group, "MassCann")
- Union of Minority Neighborhoods
- The Boston Worker’s Alliance
- Marijuana Policy ProjectMarijuana Policy ProjectThe Marijuana Policy Project, or MPP, is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff...
- BrooklineBrookline, MassachusettsBrookline is a town in Norfolk County, Massachusetts, United States, which borders on the cities of Boston and Newton. As of the 2010 census, the population of the town was 58,732.-Etymology:...
Police Department
Individuals
- Ronald Ansin, ACLU, philanthropist
- Charles H. Baron, Esq., Boston College School of Law
- Jack Cole, Law Enforcement Against Prohibition
- Michael D. Cutler, Esq.
- Richard Elliott Doblin, PhD, MAPS
- Sergeant Howard Donohue, a 33-year veteran of the Boston Police Department
- Lester Grinspoon, M.D., associate professor emeritus of psychiatry at Harvard Medical School
- John H. Halpern, M.D., assistant professor of psychiatry at Harvard Medical School
- Massachusetts state Sen. Patricia Jehlen (D-Second Middlesex), chair of the Joint Committee on Elder Affairs and Vice-Chair of the Joint Committee on State Administration and Regulatory Oversight
- Wendy Kaminer, Esq., ACLU, author, journalist
- Woody Kaplan, ACLU, philanthropist
- Thomas R. Kiley, Esq., Cosgrove, Eisenberg & Kiley
- Karen Klein, Brandeis University, Unitarian Universalists for Drug Policy Reform
- Lanny Kutakoff, Partakers, Inc.
- Dr. Robert Meenan, dean of the Boston University School of Public Health
- Lieutenant Thomas Nolan, a 30-year veteran of the Boston Police Department who now teaches criminology at Boston University
- Massachusetts state Rep. Frank Smizik (D-Fifteenth Norfolk), chair of the Joint Committee on Environment, Natural Resources and Agriculture
- Carl Valvo, Esq., Cosgrove, Eisenberg & Kiley
- Ernest “Tony” Windsor, Esq., Massachusetts Law Reform Institute
- George Soros - Hedge Fund Manager
- Massachusetts State Rep. Jim O’Day (D-fourteenth Worcester)
Religious Leaders
- Rev. Jean Alexander, Auburndale
- Rabbi Alan Alpert, Leominster
- Rev. Molly Baskette, Somerville
- Father Richard Beaulieu, Winchester
- Rev. Jim Bronwell, Barre
- Rev. Suzanne Brunnquell, Pittsfield
- Rev. Sarah Buteux, Amherst
- Rev. Dr. Jan Carlsson-Bull, Cohasset
- Rev. Thomas Carlton, Ludlow
- Rev. Stephen Cook
- Father Richard Crowley, Middleboro
- Rev. C. Edward Deyton, Andover
- Father Thomas Dilorenzo, Winthrop
- Rev. Jonathan Drury, Andover
- Rev. Leigh Dry, Hopkinton
- Rev. Kathrene Duhon, Great Barrington
- Rev. Lisa Durkee Abbott, West Brookfield
- Rev. Dr. Dorothy May Emerson, Billerica
- Rev. Marc Fredette, Waltham
- Rev. Tamarack Garlow, Ashley Falls
- Rev. John Gibbons, Bedford
- Rev. Jamie Green, West Groton
- Rev. Edward Hardy, Abington
- Rev. William Hobbs, Athol
- Rev. Dr. Anne Ierardi, Yarmouthport
- Ms. Marion Jansen, Great Barrington
- Rev. David Johnson, Plymouth
- Rev. Bill Leggett, Milford
- Father John Lis, Williamsburg
- Rev. Jeffrey Long-Middleton, Acton
- Rev. Ian Lynch, Brimfield
- Rev. Art McDonald, Essex
- Rabbi Richard Messing, North Easton
- Rev. Stephen PhilbrickStephen PhilbrickStephen Philbrick is an American author, poet, and minister. As the son of Charles Horace Philbrick and the father of Frank Philbrick, he is the linchpin of the Philbrick literary family. Philbrick was graduated from Brown University in 1971, but now lives in Windsor, Massachusetts...
, Cummington - Rev. Susie Phoenix, Lee
- Rev. Katherine Reis, Rockport
- Rev. Edmund Robinson, Chatham
- Rev. Ken Sawyer, Wayland
- Rev. Dr. Victor Scalise, Somerville
- Rev. Warren Scamman, Windsor
- Rev. Richard Schlak, Foxboro
- Rev. Stephen Shick, Hudson
- Rev. Judith Smith-Valley, Brewster
- Rev. Paul Sprecher, Hingham
- Rev. C. William Steelman, Nantucket
- Rev. Rachel Tedesco, Taunton
- Rev. Jonathan Tetherly, Chicopee
- Rev. Patricia Tummino, Middleboro
- Rabbi Andrew Vogel, Brookline
- Rev. Vicki Woods, Worcester
- Rev. Dr. Judith Wright, Boylston
Newspaper Editorial endorsements
- The Daily Free Press
- The Bay state Banner
- The Harvard Crimson
- The Newton TAB
- The Milford Daily News
- The Springfield Republican
- The Metrowest Daily News
- The Daily News Tribune
- The Brookline TAB
- The Fall River Herald News
- The Danvers Herald
- MIT Tech
Polls
A Suffolk UniversitySuffolk University
Suffolk University is a private, non-sectarian, university located in Boston, Massachusetts and with over 16,000 students it is the third largest university in Boston...
/ WHDH
WHDH-TV
WHDH, digital channel 42 , is an NBC-affiliated television station in Boston, Massachusetts. It is the largest NBC station not owned by the network. Owned by Sunbeam Television, WHDH is a sister station to CW affiliate WLVI...
Channel 7 poll has shown that 72 percent of Greater Boston
Greater Boston
Greater Boston is the area of the Commonwealth of Massachusetts surrounding the city of Boston. Due to ambiguity in usage, the size of the area referred to can be anywhere between that of the metropolitan statistical area of Boston and that of the city's combined statistical area which includes...
residents are in favor of replacing criminal penalties with civil fines for carrying an ounce or less of marijuana. "The public may be signaling that pursuing small-time marijuana users is a waste of taxpayer resources," said David Paleologos, director of the Political Research Bureau at Suffolk University. "This issue suggests there is a libertarian streak in the thinking of the Massachusetts voter." The poll was conducted with 400 residents between July 31 and August 3, 2008.
A FastTrack poll by WBZ TV /Survey USA on September 17 showed that 69% of all Massachusetts voters would favor either decriminalization or legalization. It was broken down to 30% want it remain a crime, 31% want it changed to a civil fine and 38% would like it to be legalized completely. The poll had a margin of error of 4.5%.
Arguments in favor
Supporting arguments advanced by the proponents include:- It would save MassachusettsMassachusettsThe Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
US$130 million per year, according to a 2002 report by Harvard economist Jeffrey MironJeffrey MironJeffrey Alan Miron is an American economist. He served as the chairman of the Department of Economics at Boston University from 1992 to 1998, and currently teaches at Harvard University, serving as a Senior Lecturer and Director of Undergraduate Studies in Harvard's Economics Department.Miron is an...
. - Instances of minor marijuana possession would no longer affect if people can obtain jobs, housing, and student loans.
- Currently there are about 2.8 million CORI records on file for a population of 6 million.
- Small convictions have been shown to have little or no impact on drug use.
History
The National Commission on Marijuana and Drug Abuse (also known as the Shafer Commission) was created by Public Law 91-513 in 1972 to study marijuana abuse in the United States. It published its findings in a report called Marihuana: A Signal of Misunderstanding and recommended that the president should decriminalize possession of marijuana in amounts that constituted "simple possession".So far 30 non-binding public policy questions calling for civil fines for possession of marijuana rather than criminal penalties have passed in legislative districts throughout Massachusetts since 2000. These questions were passed with an average of 62% of the vote in favor. No Public policy question related to replacing criminal penalties with civil fines has ever failed in the state of Massachusetts.
The Joint Mental Health and Substance Abuse Committee of the Massachusetts General Court
Massachusetts General Court
The Massachusetts General Court is the state legislature of the Commonwealth of Massachusetts. The name "General Court" is a hold-over from the Colonial Era, when this body also sat in judgment of judicial appeals cases...
voted 6-1 in favor of a bill that would have made possession of less than an ounce of marijuana punishable by a civil fine.
Funding
Billionaire George SorosGeorge Soros
George Soros is a Hungarian-American business magnate, investor, philosopher, and philanthropist. He is the chairman of Soros Fund Management. Soros supports progressive-liberal causes...
made an initial contribution of $400,000. The committee has also received $750,000 cash as well as about $320,000 in donated time and services from the Marijuana Policy Project
Marijuana Policy Project
The Marijuana Policy Project, or MPP, is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff...
, an organization created to reform marijuana laws in the United States. According to campaign finance reports, as of November 1, 2008 the committee has raised approximately US$1,250,000 to help pass the measure with $40,060.90 remaining.
Opposition
The Coalition for Safe Streets, a committee organized to oppose Question 2, launched a statewide campaign Sept. 5 to defeat the measure. Jonathan W. Blodgett, the Essex County District Attorney serves as the Coalition's treasurer and chairman.Michael O'Keefe, the president of the Massachusetts District Attorneys Association, is opposed to the initiative. He believes that the measure will lead to an increase in minors using the drug by sending the wrong message to them.
The O'Keefe Committee is one of ten committees representing district attorneys in Massachusetts that have contributed to the Coalition.
William Breault, chairman of the Main South Alliance for Public Safety in Worcester, also plans to oppose this initiative.
Funding
According to Campaign Finance reports, as of November 1, 2008 the ten committees representing district attorneys in Massachusetts have contributed approximately $2,275 each to the Coalition along with a donation of $2,500 from the Worcester County Deputy Sheriffs Association as well as a few other donors for a total of approx $60,000, after expenditures they have $0 to fight the initiative and $2,601.92 in outstanding liabilities.Controversies
On September 17, 2008, the Committee for Sensible Marijuana Policy filed complaints with the Office of Campaign and Political Finance and the Attorney General's office against the Massachusetts District Attorney Association, the 11 state district attorneys and O'Neill and Associates, a Boston public relations firm. Violations of the campaign finance law could result in up to 1 year in jail and a $1,000 fine.Also, Middlesex District Attorney Gerry Leone has stated that in the event the majority of voters in the State of Massachusetts were to pass the initiative, he will attempt to override the vote and defeat it in an appellate process.
Alleged Complaints
- Under Massachusetts law, it is illegal to solicit, receive, or spend funds to support or oppose a ballot initiative without first forming a political committee. CSMP alleges that the district attorneys solicited, received, and spent donations before they were legally allowed to, attempting to conceal their campaign activity for as long as they could.
- CSMP further alleges that the district attorneys used public funds to post and house a statement urging voters to reject the decriminalization initiative on its Web site, a violation of Massachusetts election law, which prohibits public officials from using public resources to advocate for or against a ballot initiative. The statement on the state run Massachusetts District Attorneys Association website says that if the question is approved, "any person may carry and use marijuana at any time," which is untrue.
Petition drive to qualify
The support group collected over 105,000 signatures, far exceeding the requirement of 66,593 valid signatures. Since Massachusetts is an indirect initiative state, this meant that the Massachusetts State Legislature had to take up the proposed measure. Since the legislature declined to act on it by early May, the supporter then had until June 18, 2008 to collect another 11,099 signatures to ensure that the initiative is placed on the November 2008 statewide ballot, a goal at which they succeeded.Results
Enactment
As per Massachusetts law, the initiative became public law on January 2, 2009, 30 days from the date it was presented to the Governor's Council and certified.See also
- Massachusetts 2008 ballot measuresMassachusetts 2008 ballot measuresThree citizen-initiated measures will appear on the November 4, 2008 ballot in Massachusetts.The Massachusetts Constitution can be amended through initiative and state statutes can be proposed through initiative...
- Personal Use of Marijuana by Responsible Adults Act of 2008Personal Use of Marijuana by Responsible Adults Act of 2008The Personal Use of Marijuana by Responsible Adults Act of 2008 was a bill in the United States House of Representatives introduced by Barney Frank in the 110th congress on April 17, 2008 as . The bill had a total of 8 cosponsers...