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For Mass. Officials, Pouting Is a Form of Political Expression

Jan 02, 2009

decriminalization, law enforcement, Massachusetts


Massachusetts voters didn't like the old marijuana law, so they changed it. Some Massachusetts officials don't like the new law, so they're, well, pouting.

Today is the first day Massachusetts adults will no longer have to fear arrest for possessing an ounce or less of marijuana. Under the new system, approved by 65% of commonwealth voters on Election Day, violators will now be subject to a $100 civil citation and nothing more.

The question now is whether those law enforcement officials who campaigned against the decriminalization initiative will respect the will of the voters and make a good-faith effort to implement this modest reform. So far, there hasn't been much evidence this will be the case. In fact, in the months following the election, many of these officials have behaved as though the matter were still up for debate.

Also potentially troubling is a recommendation made by the commonwealth's office of public safety for cities and towns to consider passing local ordinances enhancing penalties for public marijuana use. Although it's too early to tell exactly what the implications might be, the effect could be an end-run around the will of the voters. We'll keep an eye on that.

Meanwhile, officials have relied on two main arguments as they seek to prolong a debate that should have ended on Election Day: 1) that they lack the competence to sort out the details of the law, and 2) that the voters were naïve dupes who allowed themselves to get suckered by "legalizers" intent on creating chaos with an unenforceable law.

So far, demeaning the voters and calling attention to their own incompetence hasn't won very many people over, despite the wide coverage their tantrums have received in the press. The more paternalistic and condescending they sound, the more it looks like these opponents are actually hoping for the lawless chaos they've been clamoring about for months.

If so, they're sure to be disappointed. Voters understood exactly what they were doing and simply want the penalties for small marijuana violations to match the severity of the violation. And they have confidence in the ability of Massachusetts cops to write a $100 ticket and move on, even if their superiors don't.