Katelyn Baker
Well-Known Member
With more than 4,000 voters exhaling "yes" on Question 4 on Election Day, the three Outer Cape towns made it clear they agree that recreational pot should be legal. As the Dec. 15 date of legalization draws near, local law enforcement is under the gun trying to figure out how to abide by town, state and federal laws concurrently.
"Mass. has legalized marijuana, effective this December, leaving its communities and law enforcement with a lot of questions," Provincetown Chief of Police Jim Golden said by e-mail on Monday.
Truro Police Chief Kyle Takakjian agreed.
"We knew it was coming. We were hoping it wouldn't pass, but it did. So now the question is how do we effectively deal with it," he said last week. "New laws come up all the time. In this case it's the legalization of marijuana. But as statutes change that's part of our obligation – to review the laws as they are enacted and modify and update."
Voters first approved decriminalizing possession of small amounts of marijuana in 2008 and then OK'd medical marijuana in 2012. Retail sales of recreational pot will not be allowed until Jan. 1, 2018 but in two weeks the possession and consumption of marijuana and its products, including edibles, oils, tinctures, topicals and beverages, will become legal. People will also be allowed to grow up to six plants. But users should know there will be limitations.
"For those under 21, it will remain illegal," Golden said. "According to the current law, if you are under 21 you'll be fined $100 for buying (or trying to buy) marijuana. You'll also have to complete a drug awareness program. If you're under 18, authorities will also notify your parents."
Driving while under the influence of marijuana is still a no-go, according to the Regulation and Taxation of Marijuana Act.
"Under the current enforcement plan, driving while high will be treated and penalized just like drunk driving is currently," said Golden.
Takakjian said it works along the same line as driving with an open container of alcohol – a rule meant to stop people from driving drunk.
"[The] legalization of marijuana and what people do in their homes is one thing. [It is in] the interest of public safety that people are not driving on the highways under the influence of any kind of drug," Takakjian said. "There are no breathalyzers, so there's no scientific measurement. When you do a roadside stop, at this point you don't distinguish what you think the substance is. It's the physical and cognitive ability of the driver. That's what you're testing for. Does the operator have motor skills, can they do the normal field sobriety test that we would do at any other roadside stop?"
Open containers of marijuana, in which the "seal is broken," are prohibited in motor vehicles and a driver can receive a $500 fine.
"Our sole responsibility is to make sure we don't have drivers on the road that are impaired," Takakjian said. "Impaired driving was a concern before the legislation and it will certainly be a concern after the legislation."
Public consumption of pot also has limits. The act reads that "no person shall consume marijuana in a public place or smoke marijuana where smoking tobacco is prohibited." It goes on to say that a penalty of not more than $100 can be imposed.
"At this time Wellfleet doesn't have a bylaw addressing smoking in public like we do with drinking alcohol," Wellfleet Police Chief Ron Fisette said by e-mail on Friday. "We will look to learn if this is an issue or a problem with the law and look to work with the appropriate bodies to correct the problem, if needed."
The cultivation of marijuana plants will also be allowed, but not more than six plants per household, according to Golden. A $300 civil penalty will be imposed if the plants are visible to the public.
"Private property owners can also ban the use, sale, or production of marijuana on their premises, according to the law," Golden said. "One exception [is that] landlords can prohibit tenants from smoking, but cannot ban them from consuming marijuana in other ways (like oils and edibles)."
Other town regulations may be put in place over the course of the next few months as police officers begin to enforce these new rules. "A city or town may adopt ordinances and bylaws that impose reasonable safeguards," according to the act, but it must also follow state and federal laws. That is, since pot is illegal on the federal level, it remains illegal on its property, such as in the Cape Cod National Seashore.
Takakjian said the town of Truro has yet to establish a criminal violation bylaw.
"This has yet to be done and now that the law has passed it will be a discussion we will have with the board of selectmen, town manager and our police department," he said.
Truro Selectmen Chair Paul Wisotzky said his board has not had a conversation about creating marijuana bylaws.
"We look forward to working with the chief, town manager and town counsel on what the town's response should be," he said on Tuesday. "We will [also] look to our neighboring towns and the state for guidance and see what they are doing."
"We (along with my fellow chiefs) will be monitoring the progress the state makes on implementation of this law and eagerly await their guidance," Fisette said. "As everyone is learning what the new law entails, so are we. We have the Mass. chiefs of police training council and such reviewing the law and will help provide guidance."
And guidance is what they're looking for.
"It's a brave new world. I think it's going to be a learning curve for all of us," said Truro Police Lt. Craig Danziger.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Pot Has Top Cops Simmering On Outer Cape
Author: Katy Ward
Contact: 508-255-2121
Photo Credit: Getty Images
Website: Wicked Local Cape Cod
"Mass. has legalized marijuana, effective this December, leaving its communities and law enforcement with a lot of questions," Provincetown Chief of Police Jim Golden said by e-mail on Monday.
Truro Police Chief Kyle Takakjian agreed.
"We knew it was coming. We were hoping it wouldn't pass, but it did. So now the question is how do we effectively deal with it," he said last week. "New laws come up all the time. In this case it's the legalization of marijuana. But as statutes change that's part of our obligation – to review the laws as they are enacted and modify and update."
Voters first approved decriminalizing possession of small amounts of marijuana in 2008 and then OK'd medical marijuana in 2012. Retail sales of recreational pot will not be allowed until Jan. 1, 2018 but in two weeks the possession and consumption of marijuana and its products, including edibles, oils, tinctures, topicals and beverages, will become legal. People will also be allowed to grow up to six plants. But users should know there will be limitations.
"For those under 21, it will remain illegal," Golden said. "According to the current law, if you are under 21 you'll be fined $100 for buying (or trying to buy) marijuana. You'll also have to complete a drug awareness program. If you're under 18, authorities will also notify your parents."
Driving while under the influence of marijuana is still a no-go, according to the Regulation and Taxation of Marijuana Act.
"Under the current enforcement plan, driving while high will be treated and penalized just like drunk driving is currently," said Golden.
Takakjian said it works along the same line as driving with an open container of alcohol – a rule meant to stop people from driving drunk.
"[The] legalization of marijuana and what people do in their homes is one thing. [It is in] the interest of public safety that people are not driving on the highways under the influence of any kind of drug," Takakjian said. "There are no breathalyzers, so there's no scientific measurement. When you do a roadside stop, at this point you don't distinguish what you think the substance is. It's the physical and cognitive ability of the driver. That's what you're testing for. Does the operator have motor skills, can they do the normal field sobriety test that we would do at any other roadside stop?"
Open containers of marijuana, in which the "seal is broken," are prohibited in motor vehicles and a driver can receive a $500 fine.
"Our sole responsibility is to make sure we don't have drivers on the road that are impaired," Takakjian said. "Impaired driving was a concern before the legislation and it will certainly be a concern after the legislation."
Public consumption of pot also has limits. The act reads that "no person shall consume marijuana in a public place or smoke marijuana where smoking tobacco is prohibited." It goes on to say that a penalty of not more than $100 can be imposed.
"At this time Wellfleet doesn't have a bylaw addressing smoking in public like we do with drinking alcohol," Wellfleet Police Chief Ron Fisette said by e-mail on Friday. "We will look to learn if this is an issue or a problem with the law and look to work with the appropriate bodies to correct the problem, if needed."
The cultivation of marijuana plants will also be allowed, but not more than six plants per household, according to Golden. A $300 civil penalty will be imposed if the plants are visible to the public.
"Private property owners can also ban the use, sale, or production of marijuana on their premises, according to the law," Golden said. "One exception [is that] landlords can prohibit tenants from smoking, but cannot ban them from consuming marijuana in other ways (like oils and edibles)."
Other town regulations may be put in place over the course of the next few months as police officers begin to enforce these new rules. "A city or town may adopt ordinances and bylaws that impose reasonable safeguards," according to the act, but it must also follow state and federal laws. That is, since pot is illegal on the federal level, it remains illegal on its property, such as in the Cape Cod National Seashore.
Takakjian said the town of Truro has yet to establish a criminal violation bylaw.
"This has yet to be done and now that the law has passed it will be a discussion we will have with the board of selectmen, town manager and our police department," he said.
Truro Selectmen Chair Paul Wisotzky said his board has not had a conversation about creating marijuana bylaws.
"We look forward to working with the chief, town manager and town counsel on what the town's response should be," he said on Tuesday. "We will [also] look to our neighboring towns and the state for guidance and see what they are doing."
"We (along with my fellow chiefs) will be monitoring the progress the state makes on implementation of this law and eagerly await their guidance," Fisette said. "As everyone is learning what the new law entails, so are we. We have the Mass. chiefs of police training council and such reviewing the law and will help provide guidance."
And guidance is what they're looking for.
"It's a brave new world. I think it's going to be a learning curve for all of us," said Truro Police Lt. Craig Danziger.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Pot Has Top Cops Simmering On Outer Cape
Author: Katy Ward
Contact: 508-255-2121
Photo Credit: Getty Images
Website: Wicked Local Cape Cod