cannabisnews.com: Changes To Marijuana Law Gaining Momentum 





Changes To Marijuana Law Gaining Momentum 
Posted by CN Staff on November 06, 2004 at 18:54:57 PT
By Sean Corcoran, Staff Writer 
Source: Salem News 
Peabody -- When state Sen. Frederick Berry voted Tuesday, he first marked the ballot lines for all his favorite Democrats and then considered the nonbinding referendum question at the bottom."Shall the state senator from this district be instructed to introduce and vote in favor of legislation making possession of marijuana a civil violation, like a traffic ticket ..."
Berry voted "Yes," essentially instructing himself to work to change the state's drug laws. More than 13,600 other citizens in this city voted the same way.But Berry is the Senate minority leader, one of the most powerful positions at the Statehouse. While he's not a big proponent of referendum questions like this one, he's been thinking for years that the state's marijuana laws need revision. And judging by his chats with other lawmakers, he is not alone."I think it is a total waste of money when people found with a small amount of marijuana are tying up the court system," Berry said.Berry is also concerned that judges do not have the freedom to make sentencing decisions on a case-by-case basis. Judges are restricted by minimum-sentencing guidelines included in the state's drug laws, most of which were set up in the 1980s."In the final analysis, we ought to give judges a little more freedom," he said.Berry has no plans to file legislation to change the marijuana laws, he said, but he knows Sen. Cynthia Stone Creem of Newton does. And there seems to be growing support among state officials to take action."I think a lot of senators would like to revisit this," Berry said. "I would probably prefer to see some sort of commission set up to look at the whole problem of drugs and sentencing."That does not mean that by the end of the next legislative session it will be as permissible to smoke a joint as it is to drive 45 mph in a 35 mph zone. But the times, as they say, may be changing. Since the 2000 election, 28 municipalities in Essex County have endorsed some sort of change in the drug laws, according to the pro-pot lobby group NORML.In Tuesday's election, Salem, Beverly, Danvers, Peabody, Topsfield, Marblehead and Swampscott all endorsed a change in the penalty for marijuana possession, typically by about a 2-to-1 margin."Slowly but surely, progress is being made," said Steven Epstein, the Georgetown attorney leading the local pro-pot push. "We have hopes that within the next legislative session — while we may not pass the legislation because the governor may veto it and it may not move in the House — we think as a money-making proposition, this could pass the Senate," he said. "Or at least get a vote."Epstein said the fines associated with making marijuana possession a civil offense could help local communities because at last half of the money would go to the city or town where the offense occurred. The other reason to change the laws, he said, is for the children."One of the things we are looking for is to keep handcuffs off our children and keep criminal records off their backs," he said.As to why there appears to be increasing agreement locally that the laws must change, Epstein said it's because the drug is no longer as taboo as it was, say, 20 years ago."We all know people who have used it," he said, "and we all know that, for the most part, they are all pretty good people. Some of them are even politicians."Source: Salem News (MA)Author: Sean Corcoran, Staff WriterPublished: Saturday, November 06, 2004 Copyright: 2004 Essex County NewspapersContact: nbenton ecnnews.comWebsite: http://www.ecnnews.com/Related Articles & Web Site:MassCannhttp://www.masscann.org/Voters Support Ballot Questions on Marijuanahttp://cannabisnews.com/news/thread19759.shtmlPot Question on Ballot in Parts of E. Arlington http://cannabisnews.com/news/thread19471.shtmlA Show of Support for Marijuana http://cannabisnews.com/news/thread19383.shtml 
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