cannabisnews.com: An Initiative Petition for a Law! 





An Initiative Petition for a Law! 
Posted by FoM on August 06, 1999 at 07:54:12 PT
Source: Mass Cann
An Act to regulate marijuana's medical use, impose a civil fine for the possession of marijunana, and create the crime of distributing or dispensing marijuana to a person under the age of 18 years.
BE IT ENACTED by the People, and by their authority, as follows: Section 1. The first paragraph of section thirty-four of chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby amended by striking the said first paragraph and substituting:No person knowingly or intentionally shall possess a controlled substance unless such substance was obtained directly, or pursuant to a valid prescription or order from a practitioner while acting in the course of his professional practice, including a certificate of participation in the therapeutic research program described in chapter ninety-four D, or except as otherwise authorized by the provisions of this chapter. Except as hereinafter provided, any person who violates this section shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars, or by both such fine and imprisonment. Any person who violates this section by possessing heroin shall for the first offense be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both, and for a second or subsequent offense shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years or by a fine of not more than five thousand dollars and imprisonment in a jail or house of correction for not more than two and one-half years. A violation of this section by possession of marihuana shall be a civil infraction. Any person complained of for such civil infraction shall be adjudicated responsible upon such finding by the court and shall neither be sentenced to any term of incarceration nor be entitled to appointed counsel pursuant to chapter 211. Any person adjudicated responsible of violating this section by possession of marihuana shall pay a civil fine of not less than fifty nor more than two hundred dollars. An adjudication of responsibility shall neither be used in the calculation of second and subsequent offenses under any chapter, nor as the basis for the revocation of parole or of a probation surrender, nor as the basis for denial or revocation of any license granted by the Commonwealth of Massachusetts, nor be deemed a conviction for purposes of any disqualification or for any other purpose. Any person who violates this section by possession of a controlled substance in Class E of section thirty-one shall be punished by imprisonment in a house of correction for not more than six months or a fine of five hundred dollars, or both. Except for an offense involving marihuana or a controlled substance in Class E of section thirty-one, whoever violates the provisions of this section after one or more convictions of a violation of this section or of a felony under any other provisions of this chapter, or of a corresponding provision of earlier law relating to the sale or manufacture of a narcotic drug as defined in said earlier law, shall be punished by imprisonment in a house of correction for not more than two years or by a fine of not more than two thousand dollars, or both. Section 2. The first sentence of the second paragraph of section thirty-four of chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby amended by striking the said first sentence and substituting: If any person who is charged with a violation of this section, excepting possession of marijuana, has not previously been convicted of a violation of any provision of this chapter or other provision of prior law relative to narcotic drugs or harmful drugs as defined in said prior law, or of a felony under the laws of any state or of the United States relating to such drugs, has had his case continued without a finding to a certain date, or has been convicted and placed on probation, and if, during the period of said continuance or of said probation, such person does not violate any of the conditions of said continuance or said probation, then upon the expiration of such period the court may dismiss the proceedings against him, and may order sealed all official records relating to his arrest, indictment, conviction, probation, continuance or discharge pursuant to this section; provided, however, that departmental records which are not public records, maintained by police and other law enforcement agencies, shall not be sealed; and provided further, that such a record shall be maintained in a separate file by the department of probation solely for the purpose of use by the courts in determining whether or not in subsequent proceedings such person qualifies under this section.Section 3. The first sentence of the third paragraph of section thirty-four of Chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby amended by striking the words, "marihuana or." Section 4. The fourth paragraph of section thirty-four of Chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, as amended chapter 271, s. 1 of the Acts of 1996, is hereby amended by striking said fourth paragraph and substituting the following: It shall be a defense to a charge of possession of marihuana under this section that the defendant is faced with a clear and imminent danger to his health from a terminal or chronic illness, the defendant reasonably expects that his possession of marijuana for his personal use will be effective at abating the danger, and there is no legal alternative which will be equally effective in abating the danger.Section 5. Section forty-one of chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby amended by adding at the end of clause (a) the following: except for violation of the provisions of section thirty-four involving marihuana by a person over the age of eighteen; Section 6. Section forty-one of chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby further amended by inserting in clause (c) after the words, "thirty-four" the following: except for violation involving marihuana by a person over the age of eighteen. Section 7. Section thirty-two C of chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby amended by adding a new subsection as follows: The civil infraction of possession of marihuana shall be a lesser included offense of this section and any person adjudicated by judge or jury on said lesser included offense shall pay a civil fine as provided in section thirty-four. Section 8. Section thirty-two C of chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby further amended by adding second new subsection as follows: It shall be a defense to a criminal charge of possessing marihuana with intent to distribute or of cultivating marihuana that the defendant is a patient certified to participate in the therapeutic research program described in chapter ninety-four D, and possessed or cultivated the marihuana for personal use; or that the defendant that is faced with a clear and imminent danger to his health from a terminal or chronic illness, the defendant reasonably expects that his possession of marijuana for his personal use will be effective at abating the danger, and there is no legal alternative which will be equally effective in abating the danger.Section 9. Chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby amended inserting after section forty-one a new section as follows: A police officer taking cognizance of a violation by a person eighteen years of age or older of the provisions of section thirty-four involving marihuana shall give to the offender a citation in the form of the citation provided for in chapter 90C, section 1, and in the case of a person under the age of eighteen to one of the parents or the legal guardian of said person. The officer shall indicate on the citation the assessment in the amount of two hundred dollars. The procedures as set forth in fifth paragraph of section 2 of chapter 90C for the delivery of a citation alleging one or more criminal automobile law violations to the clerk-magistrate of the district court where the violation occurred shall be followed. Any person notified to appear before the clerk of a district court as herein provided may so appear and confess the offense charged, either personally or through a duly authorized agent or by mailing to the clerk of the district court having jurisdiction thereof together with the notice the sum of two hundred dollars. Such payment shall if mailed be made only by postal note, money order or check. The receipt by the district court clerk of such notification and payment shall operate as a final disposition of the case. An appearance under this paragraph shall not be deemed to be a criminal proceeding. No person so notified to appear before the clerk of a district court shall be required to report to any probation officer, and no record of the case shall be entered in any probation records. If any person so notified to appear desires to contest the violation alleged in the notice to appear and also to avail himself of the procedure established pursuant to this section, he shall, within twenty days after the date of the notice, request a hearing in writing. The clerk-magistrate shall notify the person and the officer issuing the citation of the date and time of the hearing. To the extent applicable, and not inconsistent with this section the procedures for the adjudication of contested civil motor vehicle infractions, including appeals to the appellate division set forth in section A(4) and (5) shall apply to the adjudication of violations alleged pursuant to this section.If the judge, clerk, or assistant clerk shall, after hearing, find that the marihuana was lawfully and constitutionally seized, that the violation occurred and that it was committed by the person so notified to appear, the person so notified shall be permitted to dispose of the case by paying the specific sum of money fixed as a penalty or such lesser amount as the judge, clerk or assistant clerk shall order, which payment shall operate as a final disposition of the case. If the judge, clerk, or assistant clerk shall, after hearing, find that the marihuana was seized in violation of the person's constitutional rights, that the violation alleged did not occur or was not committed by the person notified to appear; the person is a patient certified to participate in a therapeutic research program described in chapter ninety-four D or otherwise establishes that he is faced with a clear and imminent danger to his health from a terminal or chronic illness and the offender reasonably expects that his possession of marijuana for his personal use will be effective at abating the danger and there is no legal alternative which will be equally effective in abating the danger such finding shall be entered in the docket, which shall operate as a final disposition of the case. Proceedings held pursuant to this paragraph shall not be deemed to be criminal proceedings. No person disposing of a case by payment of such a penalty shall be required to report to any probation office as a result of such violation, nor shall any record of the case be entered in the probation records.If the offender is under the age of eighteen the offender shall be held until released into the custody of a parent or legal guardian, or brought before a justice of the juvenile court or district court.Any person so notified to appear before the clerk of a district court who fails to pay the fine provided hereunder within the time specified or, having appeared, does not confess the offense before the clerk or pay the sum of money fixed as a penalty after a hearing and finding as provided in the preceding paragraph shall be punished shall be punished by imprisonment in a house of correction for not more than six months or a fine of five hundred dollars, or both.The notice to appear provided for herein shall be in the form provided for by General Laws chapter 90C, section 1. Said notice may also include notice of violations of any statute or regulation of the Commonwealth. Any fines imposed under the provisions of this section shall inure to the Commonwealth.Section 10 Chapter ninety-four C of the General Laws as appearing in the 1996 Official Edition, is hereby amended by adding after section thirty-two K the following section:- Any person who distributes or dispenses marihuana, as defined in this chapter, to any person under eighteen years of age shall be punished for a first offense by imprisonment in jail for not more than two and one-half years, or by a fine of not less than one thousand dollars nor more than five thousand dollars, or both, and for a subsequent offense by imprisonment for not less than three years nor more than seven years and by a fine of not less than five thousand dollars nor more than ten thousand dollars or, or both.Lack of knowledge of the age of the person to whom the marihuana is distributed or dispensed shall not be a defense to any person who violates the provisions of this section. Section 11. The first paragraph of section 2 of chapter ninety-four-D of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by inserting after the first sentence the following sentence: -The department may approve the experimental use of marihuana in the treatment of additional disease entities, including AIDS, upon presentation of sufficient medical data by a physician to the department.Section 12. Section 2 of chapter ninety-four-D of the General Laws, as appearing in the 1996 Official Edition, is hereby amended by adding the following paragraph after the second paragraph:The department shall provide to the patient through his physician a written certificate of participation in the program. Section 13. The provisions of this statute shall be deemed severable, and if any part of this statute shall be adjudged unconstitutional or invalid, such judgment shall not affect other valid parts thereof. http://www.masscann.org/initiv99/A.htmGroup High On Pot Reform Bid - 8/04/99http://www.cannabisnews.com/news/thread2340.shtml
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