A new state law decriminalizing the possession of small amounts of marijuana went into effect on Jan. 2, but confusion on the local level has prevented it from having much of an impact.
The changes are a result of the successful passage of Question 2, a statewide ballot initiative, during the last general election.
While state officials claim they have made new guidelines transparent, the Tufts University Police Department (TUPD) and local police officers say they still have not gotten enough direction from policymakers.
"We're sitting back waiting for our marching orders," Lt. Paul Covino of the Medford Police Department told the Daily. "It may be in the legislature's lap right now. Given the current financial crisis, I don't think this is the first thing on their menu."
Marijuana policies and procedures at Tufts will effectively stay the same, said TUPD Captain Mark Keith.
"In all practicality, I don't see a big change for us here on campus," Keith said. "In the past, for small amounts of marijuana, we haven't arrested individuals unless it was coupled by an arrestable offense."
Question 2, which passed with 65 percent of the vote in Massachusetts on Nov. 4, stipulates that adults found with an ounce or less of marijuana will be required to forfeit it and will receive a $100 fine. Offenders under 18 will face the same penalties, but will also be required to enter a drug awareness program. If they fail to participate, they could face a fine as high as $1,000.
Prior to Jan. 2, state law deemed possession of any amount of marijuana a criminal offense and, therefore, worthy of arrest.
TUPD procedure specifies that small amounts of marijuana are to be confiscated and destroyed. Officers write a report on the offender that is sent to the Office of Student Affairs, where further judicial action is determined. "This won't really change," Keith said.
The state attorney general's office and the Massachusetts District Attorneys Association left all guidelines on how to implement the new policy to the state's Executive Office of Public Safety and Security (EOPSS).
According to Terrel Harris, communications director of EOPSS, the governor requested that the office of the attorney general work with the EOPSS to establish the guidelines.
"We've made the recommendations easily accessible and we encourage … any law enforcement agency that may need clarification to contact us," Harris told the Daily.
Coordination on the implementation of the law has been widespread, according to David O'Laughlin, training coordinator at the Municipal Police Institute, a training affiliate of the Massachusetts Chiefs of Police Association.
"Just about everybody in law enforcement has been in contact with one another to solidify the way the law has been enforced," O'Laughlin told the Daily.
Keith said that no one contacted TUPD regarding the new marijuana policy, but that officers are in touch with the local district attorney's office and are researching how surrounding towns have implemented the law. "[It's] somewhat of a growing process to continue to deal with the law," he said.
The EOPSS has received "glowing reports" from local police departments that are grateful for the recommendations on implementing the law, Harris said. He added that the EOPSS has received few questions from police departments on the guidelines.
Still, Covino said that he was not aware of any solid guidelines that had been put in place by the state to establish a system for doling out citations to offenders or dealing with individual cases.
The EOPSS Web site offers a citation form for police departments that do not already have their own. Keith said that Tufts officers currently have citation books for motor vehicle law violations, and TUPD is investigating whether these can be used for marijuana citations as well.
Covino added, however, that officers are currently uninformed of the proper protocol to use if an offender refuses to give an officer his name
for a citation.
This is not a new problem, according to O'Laughlin, as the only time people are obligated to give identification is if they are driving a vehicle or suspected in an investigation.
"That's a very big issue that has not been resolved. There is no apparatus that forces someone to provide their name," O'Laughlin said. "Like any new law, there are going to be issues that need to be worked on in order to make it feasible."
O'Laughlin said that the Massachusetts Chiefs of Police Association is currently working to address this shortcoming. "There will be some issues, but it will go smoothly," he said.
Keith noted, though, that numerous surrounding cities are having difficulties implementing the citation process and are looking to establish city ordinances to override part of the law.
For instance, in Everett, the city council is finalizing an ordinance that will allow officers to arrest individuals who are consuming marijuana on public, city-owned property.
Covino was not aware if Medford has plans to initiate such an ordinance.
