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Massachusetts police upset–unable to use intimidation and force to demand ID for marijuana possession

Posted on January 4th, 2009 at 2:33am by laur Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , 8 Comments »

http://www.boston.com

Massachusetts officially decriminalized possession of small amounts of marijuana yesterday, but many police departments across the state were essentially ignoring the voter-passed law, saying they would not even bother to ticket people they see smoking marijuana.

“We’re just basically not enforcing it right now,” said Mark R. Laverdure, chief of police in Clinton, a Central Massachusetts town of about 8,000 residents, who said the law was so poorly written that it cannot be enforced. “You’ll probably have a lot of officers that, unless there’s a caller complaining about it, won’t even bother with it. They probably handled a lot of it informally before and probably more so now.”

Andrew J. Sluckis Jr., chief of police in Auburn, said his 39 officers would not be issuing $100 citations for possession of an ounce or less of marijuana, as required under the ballot initiative known as Question 2.

“If the Legislature enacts some changes, we’ll be happy to do it in the future, but as it stands now we’re not going to be issuing civil citations,” he said. If an officer spots someone smoking marijuana, he said, “We will confiscate it and the person will be sent on their way.”

“It is frustrating,” he added, “because we have to deal with a law that is almost non-enforceable at best.”

John M. Collins, general counsel for the Massachusetts Chiefs of Police Association, said he had been fielding calls from dozens of members across the state who believe the law is so flawed that it is “going to become a joke.”

The ballot question passed in November with 65 percent of the vote. Backers said they were frustrated that possession of small amounts of marijuana in Massachusetts was a criminal offense, punishable by up to six months in jail and a fine of up to $500. Those convicted of possession could also receive a criminal record that could taint their job prospects for years, the backers said. Under the ballot measure that took effect yesterday, possession of an ounce or less is a civil violation, punishable by a $100 fine, with no risk of a criminal record.

Police say they have two main problems with the law.

Many complain that their current citation books lack a check-off box for marijuana possession and they have yet to receive updated ticket books, although temporary forms are available through a state website.

More fundamentally, they complain that officers have no way of determining the identity of people they stop on the street for smoking marijuana. Before the law was changed, officers could arrest them, or threaten them with arrest to force them to show identification. Now, they say they cannot force users to show IDs, and cannot arrest them if they refuse to identify themselves. And they say there is no penalty if a marijuana user gives a false name to a police officer.

“Many of them are saying that until the law gets straightened out, we’re not going to let our people waste their time chasing their tails on this,” Collins said.

But some police departments have resolved to enforce the law, despite their reservations. Boston and Worcester, for example, sent out training memos detailing the ins and outs of the law.
Read More…

 

John Stossel: Legalize All Drugs

Posted on June 19th, 2008 at 8:43pm by bile Tags: , , , , , , , , , , , , , , , , , , ,

http://www.townhall.com/…

The other day, reading the New York Post’s popular Page Six gossip page, I was surprised to find a picture of me, followed by the lines: “ABC’S John Stossel wants the government to stop interfering with your right to get high. The crowd went silent at his call to legalize hard drugs”.

I had attended a Marijuana Policy Project event celebrating the New York State Assembly’s passage of a medical-marijuana bill. (The bill hasn’t passed the Senate.) I told the audience I thought it pathetic that the mere half passage of a bill to allow sick people to try a possible remedy would merit such a celebration. Of course medical marijuana should be legal. For adults, everything should be legal. I’m amazed that the health police are so smug in their opposition.

After years of reporting on the drug war, I’m convinced that this “war” does more harm than any drug.

Independent of that harm, adults ought to own our own bodies, so it’s not intellectually honest to argue that “only marijuana” should be legal — and only for certain sick people approved by the state. Every drug should be legal.

“How could you say such a ridiculous thing?” asked my assistant. “Heroin and cocaine have a permanent effect. If you do crack just once, you are automatically hooked. Legal hard drugs would create many more addicts. And that leads to more violence, homelessness, out-of-wedlock births, etc!”

Her diatribe is a good summary of the drug warriors’ arguments. Most Americans probably agree with what she said.

But what most Americans believe is wrong.

Myth No. 1: Heroin and cocaine have a permanent effect.

Truth: There is no evidence of that.

In the 1980s, the press reported that “crack babies” were “permanently damaged.” Rolling Stone, citing one study of just 23 babies, claimed that crack babies “were oblivious to affection, automatons.”

It simply wasn’t true. There is no proof that crack babies do worse than anyone else in later life.

Myth No. 2: If you do crack once, you are hooked.

Truth: Look at the numbers — 15 percent of young adults have tried crack, but only 2 percent used it in the last month. If crack is so addictive, why do most people who’ve tried it no longer use it?

People once said heroin was nearly impossible to quit, but during the Vietnam War, thousands of soldiers became addicted, and when they returned home, 85 percent quit within one year.

People have free will. Most who use drugs eventually wise up and stop.

And most people who use drugs habitually live perfectly responsible lives, as Jacob Sullum pointed out in “Saying Yes”.

Myth No. 3: Drugs cause crime.

Truth: The drug war causes the crime.

Few drug users hurt or rob people because they are high. Most of the crime occurs because the drugs are illegal and available only through a black market. Drug sellers arm themselves and form gangs because they cannot ask the police to protect their persons and property.

In turn, some buyers steal to pay the high black-market prices. The government says heroin, cocaine and nicotine are similarly addictive, and about half the people who both smoke cigarettes and use cocaine say smoking is at least as strong an urge. But no one robs convenience stores for Marlboros.

Alcohol prohibition created Al Capone and the Mafia. Drug prohibition is worse. It’s corrupting whole countries and financing terrorism.

The Post wrote, “Stossel admitted his own 22-year-old daughter doesn’t think [legalization] is a good idea.”

But that’s not what she said. My daughter argued that legal cocaine would probably lead to more cocaine use. And therefore probably abuse.

I’m not so sure.

Banning drugs certainly hasn’t kept young people from getting them. We can’t even keep these drugs out of prisons. How do we expect to keep them out of America?

But let’s assume my daughter is right, that legalization would lead to more experimentation and more addiction. I still say: Legal is better.

While drugs harm many, the drug war’s black market harms more.

And most importantly, in a free country, adults should have the right to harm themselves.

He may be preaching to the choir but it’s still nice to have a man like him in his position. I nearly went to the MPP event last week and it saddens me that those who did go paused when he advocated full drug re-legalization. Must not have been many libertarians there.

 

Bob Barr on The Colbert Report

Posted on June 5th, 2008 at 7:58am by bile Categories and Tags: Uncategorized, , , , , , , , , , , , , , , , , , , 2 Comments »

Not bad. It would have been nicer to give him a bit more time but that’s always the case.

 




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