Massachusetts Sensible Marijuana Policy Initiative

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.[1] 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.

Supporters

The Committee for Sensible Marijuana Policy is the leading proponent of the initiative. Whitney Taylor serves as the committee's treasurer and chairwoman.[2]

Organizations

Individuals

Religious Leaders

Newspaper Editorial endorsements

Polls

A Suffolk University / 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.[5]

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%.[6]

Arguments in favor

Supporting arguments advanced by the proponents include:[7]

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".[8]

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.[9]

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.[10]

Funding

Billionaire George Soros 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 $1,250,000 to help pass the measure with $40,060.90 remaining.[11]

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.[12]

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.[13]

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.[14][15]

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.[16]

Alleged Complaints

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 supporters 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.[17][18][19]

Results

Sensible Marijuana Policy Initiative[20][21]
Choice Votes %
Referendum passed Yes 1,949,704 65.25
No 1,038,523 34.75
Valid votes 2,988,227 96.30
Invalid or blank votes 114,768 3.70
Total votes 3,102,995 100.00
Registered voters and turnout 4,220,488 73.52

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

References

  1. ↑ "States issue verdicts on gay rights, abortion". MSNBC. 2008-11-05. Retrieved 2010-09-15.
  2. ↑ Sensible Marijuana Policy
  3. ↑ Youth Education called strength of marijuana bill
  4. ↑ Worcester Magazine - Up in Smoke
  5. ↑ The Daily Cannabinoid: "Massachusetts Looks To Turn Over New Leaf On Pot," Aug 15, 2008
  6. ↑ WBZ-TV Video Archive
  7. ↑ Boston Herald: "Marijuana measures head to voters, Hill," Jan. 27, 2008
  8. ↑ Marihuana: A Signal of Misunderstanding - 1972 Report
  9. ↑ MPP-New poll shows 71% in favor of Massachusetts decriminalization initiative!
  10. ↑ Milliote, Gregg. "Marijuana fight nears". Herald News. Retrieved 2007-06-06. External link in |publisher= (help)
  11. ↑ Committee for sensible marijuana policy donations
  12. ↑ Cape Cod Today: "District attorney opposes decriminalization of marijuana," Sep 8, 2008
  13. ↑ Coalition for safe streets finance reports
  14. ↑ Boston.com: "Supporters of marijuana ballot question lodge complaint," Sep 18, 2008
  15. ↑ Berkshire Eagle: "Marijuana proponents take on state attorneys," Sep 18, 2008
  16. ↑ The Boston Phoenix "Blunt object" Sep 24, 2008
  17. ↑ Boston Globe: "4 ballot petitions clear 1st obstacle," Nov. 24, 2007
  18. ↑ Boston Globe: "Proposal to decriminalize pot clears a hurdle," Nov, 21, 2007
  19. ↑ Massachusetts Law Updates: "Proposals to decriminalize marijuana," February 1, 2008
  20. ↑ "2008 Return of Votes Complete" (PDF). Massachusetts Secretary of the Commonwealth. 2008-12-17. Retrieved 2008-11-05.
  21. ↑ "Enrollment Breakdown as of 15 October 2008" (PDF). Massachusetts Secretary of the Commonwealth. 2008-10-30. Retrieved 2008-11-05.

External links

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