[Loyal Stasher Evan forwarded me this story - thanks! -- "R"R]

Pot arrest just prior to deadline – Norwood, MA – The Daily News Transcript
DEDHAM – Police said they arrested a Dedham man for marijuana possession on New Year’s Eve, less than an hour before the alleged offense was decriminalized by a change in state law.

Officer Charles Mouris found Nicholas Stone Moorhead, 23, stuck in his 2002 Acura against a snowbank 12 to 15 feet high in the Dedham Plaza parking lot after 11 p.m. on Dec. 31, police said.

As Mouris spoke with Moorhead, he saw a small pipe on the console area between the front seats, according to Police Lt. Robert Nedder. Moorhead admitted smoking marijuana and said he had some in his possession, Nedder said.

Asked if he had more marijuana in the car, Moorhead replied, “Yes, I was out tonight buying some,” Nedder said.

Moorhead turned off the ignition and handed Mouris his keys, but then began arguing, Nedder said.

“You can’t do this. Give me back that bag. It’s not illegal to have marijuana,” Moorhead forcefully shouted at Mouris, according to Nedder.

A change in state law that took effect Jan. 1 means that those who are caught with less than an ounce of pot will face a civil fine of $100 but no criminal charge. Nedder pointed out marijuana possession is still illegal, even if it is now a civil infraction and not a criminal offense. Marijuana will still be seized as evidence, Nedder added.

First of all, love the name: Nick Stone Moorhead.  But dude, once again, plain view rule and keep your mouth shut!  You don’t drive with a pipe in plain view in your car; keep your stash stashed in your trunk or locked glove box.  If you’re asked whether you’ve smoked marijuana, you ask “Am I free to go?”  If you’re asked if you have any marijuana, you ask “Am I under arrest?”  If police attempt to search you or your car, you say, “I do not consent to any searches.”  You never physically touch the police, you never raise your voice to the police, you never move quickly around the police, you never hide your hands when you’re around the police.

This is my first time giving this lecture in 2009 and I know it won’t be my last.  To all you Stashers, especially those in Massachusetts thinking you now have some newfound freedom, remember that cannabis is illegal and if police catch you with it, they will take it from you at minimum and find some way to arrest you if they can, even in a decrim state.

There is something symbolic about you being Massachusetts last petty marijuana arrest, Nick Moorhead.

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