FOR IMMEDIATE RELEASE   
DECEMBER 10, 2008

CONTACT: Dan Bernath, MPP assistant director of communications, 202-462-5747 ext 2030

BOSTON — The Massachusetts voter initiative to replace criminal penalties for possession of an ounce or less of marijuana with a simple fine was officially certified Dec. 3, clearing the way to implement the new system by Jan. 2.

    Question 2, passed by 65 percent of Bay Staters, removes the threat of arrest for personal possession of 1 ounce or less of marijuana, which included up to a $500 fine and six months in jail. After Election Day, Gov. Deval Patrick and leaders in the state Legislature announced their commitment to implementing Question 2.

    "The people have spoken and the election is certified. The campaign is over, and now it is time to implement the will of the voters," said Whitney A. Taylor, campaign manager for the Committee for Sensible Marijuana Policy, which backed the initiative. "Possession of small amounts of marijuana is now a civil offense and not in the purview of the district attorneys."

    Under Question 2, persons caught possessing less than an ounce of marijuana will have the drug confiscated and be given a $100 citation. This process will be handled by the clerk magistrate system like any civil penalty in the commonwealth. Minors caught possessing marijuana will also have to complete community service and a drug awareness course, which will be authorized by the Department of Youth Services.

    "Claims by some that Question 2 will be difficult to implement are simply not true. As long as public and elected officials remain true to the will of the voters, Question 2 will be a success," Taylor said. "Eleven other states have implemented this law with no difficulty, and we are confident that Massachusetts can implement this sensible policy successfully as well."

    The Secretary of Public Safety’s office will spearhead implementation of Question 2. Proponents of the initiative said they are working diligently to support the secretary and his staff to ensure a smooth transition to the new system, which was designed to fit easily into current civil offense procedures.

    Under the old law, an arrest for even a single marijuana cigarette used to generate a Criminal Offender Record Information report (CORI), bringing lifelong punishment to 7,500 offenders a year. These often-unintended punishments included losing access to student loans and creating barriers to employment, housing and other basic needs. In addition, under the old system, Massachusetts taxpayers spent $29.5 million a year on arrest, booking and preliminary court costs for these small marijuana offenders.

    With more than 25,000 members and 100,000 e-mail subscribers nationwide, the Marijuana Policy Project is the largest marijuana policy reform organization in the United States. MPP believes that the best way to minimize the harm associated with marijuana is to regulate marijuana in a manner similar to alcohol. For more information, please visit www.MarijuanaPolicy.org.