Some Massachusetts Police Refuse To Enforce New Marijuana Law

Many Massachusetts police departments are so frustrated with a law passed in November decriminalizing marijuana that they are refusing to enforce it. Essentially, in many areas of the state, marijuana police will ignore possession.

The law, which passed by 65% of the vote decriminalizes possession of less than an ounce to a civil violation of a $100 fine and no criminal record.

With the new law, police cannot force users to show their ID. There is no penalty for giving false identification either. Officers cannot search a victim for an ID or coerce in anyway to get one.

Police departments throughout the state are planning to ignore marijuana smoking because they do not want to waste their time with uncooperative violators. They do state that if someone smokes in front of them, they will confiscate the contraband, and then let the smoker go.

However, some police departments will enforce the law and plan to use creative means.

William Walsh, chief of police of Great Barrington, said his officers might snap a photo and pass it around asking if anyone knows the person. Others will try to detain a person until an alternative method is used for finding an ID, such as a federal database listing user names.

Advocates for the law change say the real problem is that police were strongly against the law. The police claimed that its passage would encourage marijuana use. Their refusal to enforce the law is just an extension of their campaign against it. Oddly, the police are fulfilling their own prophecy.

Now there is the untenable situation that in some parts of the state marijuana use is ignored, while in others it is enforced with a fine. In the end, the state legislature will have to step in to alter the law, but be mindful that 65% of the voters approved it.