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Marijuana: Massachusetts Decriminalization Goes Into Effect Today -- Includes Hashish

Massachusetts cannabis connoisseurs will be able to enjoy a joint, a bowl of hashish, or even a few hits of hash oil without fear of arrest beginning today. The decriminalization measure passed by Bay State voters in November provides for a maximum $100 fine for possession of up to an ounce of THC, thus including all cannabis products, according to state Executive Office of Public Safety and Security guidelines issued Monday.

http://stopthedrugwar.org/files/cannabisplants.jpg
marijuana plants
Massachusetts law enforcement and political circles have been in a tizzy ever since the decrim initiative passed, worrying out loud about everything from being able to punish students to how to issue citations to whether police would be able to smoke pot without employment consequences. In their shock, they apparently failed to notice that decriminalization is already the law and working just fine in a dozen other states.

Now, the Executive Office of Public Safety and Security has come to their rescue. In addition to spelling out the decriminalization of all forms of THC, its guidelines also make clear that existing laws against the distribution of marijuana or driving under its influence remain in effect. The office also explained that all police with civil enforcement powers, including campus cops, can issue citations.

The guidelines note that even now that small-time marijuana possession has been decriminalized, cities and towns may pass ordinances banning the public use of the herb, and encourages them to do so. Previously, such ordinances were unnecessary because possession of any amount was illegal. "EOPSS recommends that municipalities enact such bylaws or ordinances and provide police with the option of treating public use as a misdemeanor offense,'" the guidelines said.

According to the guidelines, police may still search people they suspect possess marijuana provided they have probable cause and exigent circumstances, and police may conduct a weapons search if there is particularized reason to believe a weapon is present. But because simple marijuana possession is no longer an arrestable offense, they may not conduct a search incident to arrest.

Pot smokers who wish to possess firearms will not be barred from seeking a license on the basis of a possession infraction, but those people who were charged under the old marijuana law will still be ineligible for that license, the guidelines said.

Politics & Advocacy Decriminalization - Ballot Measures

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