State officials say the details on how to implement the passing of ballot Question 2 are still hazy, and they don't expect the new law decriminalizing marijuana to go into effect until late December or early January.
"Until that time, the current law remains in effect, that is, possession of any amount of marijuana is still a criminal offense," said a statement from Attorney General Martha Coakley.
On Election Day, about two-thirds of Massachusetts voters approved Question 2, which states anyone over 18 caught with an ounce or less of marijuana would be issued a civil fine of $100, and would not face criminal charges. However, the citations would likely be recorded in police logs, according to a press release from Coakley.
Violators under 18 would have to complete a drug awareness program and community service within one year of the offense, or pay up to $1,000 in fines.
Officials say the regulation would not change existing laws, practices or policies concerning operating a motor vehicle or taking other actions while under the influence of marijuana, unlawful possession of prescription forms of marijuana or selling, manufacturing or trafficking in marijuana, according to The Springfield Republican.
The new law is also unlikely to alter on-campus policies at the University of Massachusetts, according to spokesman Ed Blaguszewski.
"I don't believe this will change any of the protocols [on campus, including housing]," Blaguszewski said. "Any cases in which police cite students for misconduct will be sent to the Dean of Students as they have in the past."
"Right now, we don't know how we are going to enforce it," UMass Police Chief Barbara O'Connor told The Daily Hampshire Gazette. "I think the biggest issue is solving the how, and once the how is done, I don't see any big implications beyond that."
For law enforcement, sorting out the specifics of how to handle the new law is becoming a major challenge.
"At this time, we are reviewing all of the implications of the new law and whether further clarification or guidance is needed," said Coakley. "We will work with the District Attorneys and others in law enforcement to determine what the new law requires."
"It's up in the air at this point," said Amherst Police Department Detective Brandon Seymour. "There's a billion questions that have been raised… If you see someone smoking a joint, what right do you have to request an ID from them?"
Beyond an officer's right to search and seizures, police say they're also unsure of how the fines will be administered, and how to determine whether someone is carrying over an ounce of marijuana.
Some police officers dislike that they may need to carry scales with them to measure out an ounce.
Officials could instead visually estimate then weigh the marijuana at the police station and summons the person to court if it exceeds an ounce, said Seymour.
However, Seymour said he doesn't feel the law will change his normal practice. The majority of the time, he said, people are arrested and charged for another offense and the marijuana is found when the person is searched.
"We really don't arrest someone just on possession," said Seymour. "In fact, I can't think of a time where I've ever arrested someone on mere possession."
"We weren't wasting a lot of time on it anyway," he continued. "It would probably take more time to write up a ticket than just to summons them to court."
For now the Amherst Police Department will handle marijuana possession the same way they have been until they hear from the attorney general, Seymour said.
"I wasn't in favor or opposed," he said. "I would have liked to see [the law] go into a lot more detail to answer the questions it raises."
Michael O'Keefe, district attorney of the Cape and the Islands, along with other district attorneys and the state's Executive Office of Public Safety and Security, will meet with the attorney general to come up with a uniform decision to sort out these issues.
"It's virtually impossible to effectuate the law as written," O'Keefe said. "It's a law full of inconsistencies."
For example, he said the law states that while possessing marijuana is not criminal, buying or obtaining the substance is.
Beyond clarifying enforcement of marijuana decriminalization, the law must follow a certain procedure before being finalized.
"Under Massachusetts state law, a ballot initiative law becomes effective 30 days after the Secretary of State's presentation of the official results to the Governor and the Governor's Council," said Coakley. "This generally occurs in late November or early December. Therefore, the new law would go into effect 30 days following that meeting of the Governor's Council, meaning late December or early January."
In the meantime, Hampden District Attorney William M. Bennett, who serves the Springfield area, including Holyoke, said he plans to dismiss all pending charges of possessing an ounce or less of marijuana and will not pursue new cases, according to reports in The Republican.
Northwestern District Attorney Elizabeth D. Scheibel who serves Amherst, Hadley, Northampton, Sunderland and other towns surrounding UMass, has not dropped any cases and continues to prosecute new ones, said Deputy First Assistant District Attorney Elizabeth Dunphy Farris.
The majority of people arrested for marijuana possession under Scheibel's jurisdiction have their charges dropped after completing substance abuse programs, said Dunphy Farris.
In Franklin and Hampshire counties, from July 1, 2006 to Sept. 23, 2008, only 88 of the more than 1,700 marijuana possession cases, or about 5 percent, have resulted in a guilty finding, she said.
O'Keefe said he too plans to review cases as he has in the past.
"When and if this new statute that was voted on in November becomes law then we will deal with the matter," said O'Keefe.
Though lawmakers could change or abolish the legislature, officials say radical changes are unlikely.
However, some are in favor of the decriminalization of marijuana and are trying to change federal law.
U.S. Rep. Barney Frank initiated a bill which would decriminalize possession of marijuana in amounts of 3.5 ounces or less anywhere in the U.S.
But Frank said he doesn't feel his proposal will be approved anytime in the near future because he feels other legislators have not made their minds up on the issue, according to The Boston Globe.
"I support [decriminalization]," said UMass junior and psychology major Jen Derwin. "I don't think it's that big of a deal."
"I was in favor [of decriminalization]. I felt like the penalties were a little harsh," said junior computer science major Craig Darmetko. "I heard some people are having a countdown until it passes."
Others students are anticipating the law's finalization.
"I think it's a little long to have to wait," said junior economics major Jill O'Loughlin.
Amanda Belcastro, also a junior psychology major, agreed,
"I think it should go into effect now," she said.
"It's really, really amazing that it passed by such a big margin," said senior Katherine Bickering a philosophy and linguistics double major. Bickering is a member of the Cannabis Reform Coalition at UMass, a Registered Student Organization made up of outspoken supporters of Question 2.
"I think it's a disservice to people to not have information on the time lapse [between the passing of the law and when it goes into effect]," she said.
Matt Rocheleau can be reached at mrochele@student.umass.edu.
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