The Republican reported earlier this week that at a meeting packed by police officers there to defend their Quinn Bill money the West Springfield City Council voted unanimously to approve an ordinance that will allow police the arbitrary power to enforce public pot consumption violations with either criminal or non-criminal disposition.

The criminal offense will bring a $300 fine. The non-criminal fines will be $150 for a first offense, $300 for a second offense. The fines will be in addition to the state fine of $100 for possession of one ounce or less of marijuana.

Here’s the full text WEST SPRINGFIELD.

So basically, in Massachusetts, following passage of MPP’s decriminalization bill* with a landslide 65% yes vote, you will not get a criminal record and you’ll only pay a $100 fine for possessing less than an ounce of marijuana.  Unless you’re displaying it in public (a.k.a. “smoking a joint” or your baggie’s in “plain view”), in which case a cop in an increasing number of Massachusetts municipalities can decide on his/her own to arrest you, give you a criminal record, lock you in a holding cell, and fine you an additional $300 (or more in some locales).  This is a lot like how New York State has decriminalized, but New York City is still the marijuana arrest capital thanks to “public display” being a criminal offense.

This is what happens when a well-funded Washington DC organization pushes aside local activists who’ve worked in their state’s system for thirty years because they’ve got the best and brightest legal and political minds and “former attorneys general” crafting a decriminalization bill that contains a gaping “home rule clause” loophole.  You end up with “decriminalization” that still allows cops to treat pot smokers as criminals.

(Question 2, Section 2, Paragraph 3 – the local loophole) Nothing contained herein shall prohibit a political subdivision of the Commonwealth from enacting ordinances or bylaws regulating or prohibiting the consumption of marihuana or tetrahydrocannabinol in public places and providing for additional penalties for the public use of marihuana or tetrahydrocannabinol.

I spoke with MassCann’s Keith Saunders at Hempfest and he told me that the irony here is that before decrim, pot possession cases were usually sent up to the magistrate who would issue a $250 fine and no jail time.  Now these same cases are going to cost the offender $400.  The same criminal record but a larger fine when 65% of the voters chose no criminal record and a lower fine… thanks, MPP!

Let’s just hope the nightmare scenario I saw in Section 2, Paragraph 3 doesn’t come to fruition…

As used herein, “possession of one ounce or less of marihuana” includes possession of one ounce or less of marihuana or tetrahydrocannabinol and having cannabinoids or cannibinoid metabolites in the urine, blood, saliva, sweat, hair, fingernails, toe nails or other tissue or fluid of the human body.

…because to my non-lawyerly reading, that says failing a workplace urine screen for inactive metabolites means you just possessed and consumed marijuana in a public place, and nothing shall stop a political subdivision from enacting criminal penalties and fines above the $100 decrim fine.  Yay, a criminal record and a huge fine for failing your pee test!… thanks, MPP!

I wonder how many pot smokers at Boston Freedom Rally will be arrested this year, thinking they are in the clear to puff a doobie on the Common because MPP passed a decrim bill, only to find themselves handcuffed in a squad car with a CORI record and a $400 fine?

*That’s funny, the “full text” link at SensibleMarijuanaPolicy.org is a 404.  Might make one think they didn’t want anyone actually reading it…

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Marblehead meeting: of sidewalks and smoke

When Massachusetts voters approved a fine-only penalty for pot possession, Marblehead township decided to push back. Last night the town meeting approved a $300 penalty for smoking pot in public by “voice vote”. Marblehead decided to reject a $25 fine for people that refuse to shovel the sidewalk in the same session. Police and elected officials have made their bread off of the blood, sweat and tears of marijuana users and they will be damned if they will give up forfeiture and their other perceived monetary gifts of prohibition.

Police Chief Robert Picariello sponsored the resolution and got support by Marblehead High Principal John Ziergiebel who stated that kids perceive the $100 fine as a joke. Putting aside that it takes about half a week of work to make $100 on a minimum wage job, why does should adult marijuana users be strangled by an excessive fine because some kids find a $100 fine a joke? But the Police Chief isn’t done just yet..

“It’s very unclear what happens,” he said, “… if we write you a ticket and you throw it away.” The new bylaw is meant to clarify matters when people are caught using the drug in their cars or in public places.

Resident Doug Ryder decried what he saw as an effort by the police to increase their power over the public. He noted that the petition required no further punishment beyond the $100 fine and the chief’s motion goes beyond that.”

It was a position, judging by the reaction in the auditorium, that seemed to have a lot of support.

Despite vigorous opposition, the motion passed by a margin just wide enough to allow only a show of hands.

Other municipalities in Massachusetts like Bourne, and Swampscott (who charges a mere $50 for drinking on public property) have already increased their “smoking pot in public” fines to $300 as well . As always, MassCann is on top of it.

[Something for future initiative writers to think about.  Cops and government will always try to weasel out of decrim any way they can.  As Justice notes, they are loathe to give up the "cuff and stuff and make a buck" ways.  Massachusetts voters thought they were setting up $100 fines for pot possession, but the initiative never mentioned anything about pot smoking.  New Yorkers thought they had decrimmed possession, too, but as Dr. Harry Levine has shown, when New York City cops think you're holding, they get you to show them, and then you're busted for "public display" of marijuana.  And I'm still waiting for the first Massachusetts "internal possession" cases, since that decrim measure passed last year also allows authorities to fine you $100 for detection of marijuana metabolites in your blood or urine. --"R"R]

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Download the NORML Daily Audio Stash for 2009-01-29

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I’m getting some great suggestions from the Stashers out there – keep ‘em comin’!  And if you want to contribute your own two-minute MP3 reports on cannabis news in your area, you could be played on the Stash as our Regional Correspondent (I’m sure I’ll think of a Stashy-sounding title by then.)

Today’s Stash features a conversation with Michael Crawford, from the board of directors for MassCann/NORML and the musical director of the Boston Freedom Rally.  Even though Massachusetts passed Question 2, making possession of marijuana a $100 civil fine, city leaders are proposing local ordinances to create additional fines of up to $700.  Why can’t elected officials understand that 65% approval for $100 fines is a landslide!

Then Tere Joyce brings us the latest from Southern California.  She has an intriguing idea for helping stimulate the American economy, and it’s not weed!  Tere brings along medical cannabis dispensary employee Jim Wilson, to tell about the experience the recent Tahoe Raid victims probably felt, because he went through a raid along with Tere a couple of years ago.

It’s my penultimate day of fortyhood!  Any excuse to use the word “penultimate”.

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NORML Founder Keith Stroup report back from the MassCann Boston Freedom Rally that the NORML Daily Audio Stash won the award for “Podcast of the Year”.  (I’ll update this post when there is an announcement link up at masscann.org.)  This is a great honor and a huge surprise, especially after just seven months of producing my first podcast ever!  I couldn’t have done it without the incredible support of Chris Goldstein, who created this podcast and turned it into such a success, and then handed it over to the luckiest guy in broadcasting (me!)

I also have to thank Allen St. Pierre and Keith Stroup, for believing in this project and trusting me to bring you the “Growing Truth About Cannabis” as the voice of NORML.  I will continue to speak up for all the cannabis consumers whose voices are never heard.

Thanks as well to Madeline Martinez, Executive Director of Oregon NORML and member of the NORML Board, who plucked me off the street at the 2005 Million Marijuana March and had me on the Oregon NORML TV show the very next weekend.  Without her I’d be just another IT drone in a cubicle farm (not that there’s anything wrong with that) instead of reaching millions of people who share my interest in fighting for freedom and opposing tyranny.

Certainly, the biggest of thanks go to my wife who insisted* that I enter a silly national talk radio contest that I ended up winning, which led to Chris’ trust in my broadcasting ability.  It’s eerie how seemingly random events all came together to give me the career of my dreams.

And, of course, thanks to all the fans of the Stash – the Stashers! – who go out of their way to listen to me read news stories, interview activists, play music, and rant against the drug war for 45 or more minutes a day.  I do this work in the hopes that someday I can put myself and all of NORML out of a job!

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The Stash has been nominated in two categories in this year’s MASSCANN/NORML Awards, for Media of the Year and Podcast of the Year.  There are so many great marijuana activists and media in these nominations that we’re just honored to be considered, after just seven months at the helm of your Daily Audio Stash.

Thank you, Massachusetts and all of New England! — “R”R

MASSCANN/NORML AWARDS NOMINATIONS, CANDIDATE FOR US CONGRESS TO SPEAK, WITH NEW VIDEOS (9/1/2008)
Media of The Year:
Band4MassCann MySpace http://myspace.com/band4masscann
Boston Phoenix http://bostonphoenix.com
Ed Beuchert (WMFO) http://wmfo.org
High Times Magazine http://hightimes.com
MikeCANN YouTube http://youtube.com/mikecann
NORML Audiostash Podcast http://norml.org
The Noise Magazine http://thenoise-boston.com
Weekly Digg http://weeklydig.com

Podcast of the Year:
Ed Beuchert (WMFO) http://wmfo.org
Jay Talkin’ (Bradley Jay: WBZ) http://www.myspace.com/bradleyjaysound http://wbz1030.com/pages/9269.php?
NORML Audiostash http://norml.org
Time4Hemp http://time4hemp.org
MarijuanaRadio.Com http://marijuanaradio.com

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Loretta Nall from Alabamians for Compassionate Care joins us to discuss the story (see below) of the Alabama GOP pressuring the prison commissioner to halt a prisoner voter registration drive.

Bill Downing from MASS CANN NORML joins us to discuss tomorrow’s Boston Freedom Rally.

Plus great music from WhoTheFunk? and some reefer madness from a Kentucky college senior.

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MASS CANN filed yesterday for an injunction to prevent the city of Boston from denying MASS CANN the right to manage food vending at their 19th Annual Freedom Rally on Boston Common scheduled for Noon on Saturday, September 20.  A hearing will be held on Thursday, September 18, at Suffolk Superior Court, room 1008 at 2:00pm.

The permit sent to MASS CANN on August 1, 2008, stipulated, “Vendor food carts are prohibited unless the Boys and Girls Clubs of Boston are providing the food vending services…”  In 1997 and 1998, MASS CANN won injunctive relief against the city over similar food vending issues  The city’s unconstitutional attempt to suppress MASS CANN’s constitutional freedoms resulted in an awarded of $31,935 in attorney’s fees and costs. 

As in 1997 and 1998, conditions on the permit aim to deny MASS CANN donations from food vendors in order to stop funding of the Freedom Rally.

In granting the 1997 injunction Judge John Cratsley wrote of, “The tortured history of MASS CANN’s efforts to obtain their permit,” and the “tortured history” of 1997, it seems, is still being written today.  Bill Downing of Reading, president of MASS CANN told us, “We hope the court will tell the city they can’t stop people from peacefully demonstrating on America’s first public grounds, Boston Common, for unconstitutional reasons. The city is insulting the superior court, for a third time, by forcing the court to instruct the city on the basics of constitutional law.”

“Whether or not the Court grants us the relief we request the Freedom Rally WILL HAPPEN THIS SATURDAY, but I can’t predict the future beyond that,” said MASS CANN co-founder and treasurer Steve Epstein of Georgetown.  

On March 20, 2008, the Boston Globe reported that Antonia Pollak, Boston parks and recreation commissioner doesn’t want the Boston Common to play host to large-scale events that draw tens of thousands of people claiming such events stress the lawn.  “The claim events on the Parade Ground stresses the lawn are preposterous”, added Mr. Epstein, “I completely agree with the sentiments expressed by Chuck Rossina in a letter published in the Boston Globe on March 31, 2008, particularly that, ‘If greener grass is what the city wants, they can achieve that by not allowing dogs to urinate on the grounds.  Boston Parks Department maintenance people have told anyone who asks that dog urine, not peaceable assemblies, is what damages the grass most.””

We’ll be speaking with Bill Downing, the president of MASS CANN NORML, on this Friday’s Daily Audio Stash.  I’m sorry I can’t make it out to Boston this year, but I hope to be there the next year for the 20th Freedom Rally, which I’m certain will take place, because there’s no way this food vending restriction will stand up in court.

If any of my East Coast Stash listeners manage to get audio, video, or pictures from the rally, forward them my way and we’ll post them on the Stash.

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