Massachusetts Towns Undercut Pot Decriminalization

Last year, Massachusetts joined 12 other states in decriminalizing marijuana. Now, with the new law just six months young, local jurisdictions are fighting back with laws of their own. At least seven towns and cities in the state have passed laws regulating marijuana use in public, with some adding fines for public use and others opening the door to misdemeanor charges. From the Boston Globe:

Advocates of last fall's ballot initiative say the new civil fines for smoking marijuana in public are, at best, unnecessary because those individuals can already be fined for possession. At worst, they say, bylaws that treat smoking violations as a misdemeanor are a backdoor attempt to subvert the will of Massachusetts voters, who approved decriminalization in November by a margin of nearly 2 to 1.

"This seems to be much more about people who never liked the law to begin with looking for an end run around the will of the voters," said Dan Bernath, a spokesman for the Marijuana Policy Project, an advocacy group in Washington, D.C., that rallied support for the ballot initiative known as Question 2.

Possession and consumption are different animals, and perhaps cities and towns are addressing an  important omission from the referendum. Advocates for legalization, like myself, often argue that marijuana should be treated like alcohol - and it's against the law to drink in public as well. Perhaps there's a lesson here for states that follow Massachusetts in decriminalizing pot.

But there does seem to be a motive to fight back against the new laws, and that's not the right sentiment. Voters overwhelmingly supported decriminalization and the new law should be respected, not circumvented by cities and towns - or the state legislature.

To have order we must be able to trust our state laws and follow them. Passing municipal laws against marijuana use - perhaps motivated by tradition and old-fashioned mores against marijuana - simply muddies the water and delays the inevitable end of prohibition.

I believe marijuana will eventually be treated much like alcohol. The process of getting there will undoubtedly include some legal gray area and backhanded legislation from all corners. Making this process as smooth as possible by bringing all potential sides into a coalition and anticipating backlash should be a goal of the marijuana reform movement.