Marijuana By-Law Article Passes After Voter Amendment

Voters approved to amend the general by-law on the public consumption of marijuana, but not as it was presented at Special Town Meeting Monday night.

An amendment was added so that the possession of marijuana would not result in a violation, and those with a prescription would not have it seized.

The by-law is modeled after the current one for public consumption of alcohol, 3.1.9. The language was used to include marijuana as well. The amended by-law presented to voters was as follows:

“3.1.10. Use of Marijuana No person shall possess or consume marijuana (or tetrahydrocannibinol, as defined in G.L. c. 94C, 1, as amended) within the limits of any park, playground, public land or public building owned or under the control of the Town of Needham, nor shall any person consume marijuana, as previously defined, on any public way or any way to which the public has a right of access as invitees or licenses, including any person in a motor vehicle in, on or upon any public way or any way to which the public has said right of access, within the limits of the Town of Needham; and no person shall consume marijuana, as previously defined, in, on or upon any private land or place without the consent of the owner or persons in

control of such private land or place. Nothing in this bylaw shall authorize any possession, cultivation, transport, distribution, sale or use of marijuana otherwise prohibited by law. All marijuana being used in violation of Sub-section 3.1.10 may be seized and held until final adjudication of the charge against any such person or persons has been made by the court.” and re-numbering following sections accordingly; and by inserting a new Section J under Section 8.2.2.4 as follows: “J Public Consumption of Marijuana (Sub-section 3.1.10) Fine Schedule: $50 per offense” and re-lettering all following sections accordingly; or take any other action relative thereto.

“The purpose of this is very straight forward; to limit the public consumption of intoxicants, to help us manage the required police resources and to protect the quiet enjoyment and ordinary uses of the parks and public spaces that we have here in town,” said Daniel P. Matthews, chairman of the Board of Selectmen. “We are not seeking to oppose or circumvent the will of the voters in the medical marijuana referendum. In fact the authority to limit or prohibit the public consumption of marijuana is specifically reserved under the statute.”

Holly Clark, a town resident, was against such a by-law.

“The law that made marijuana eligible to such sick people specifically says that there shall be no law that makes it punishable to possess marijuana, and this law does that,” she said. “As an attorney, I really don’t understand how this by-law can survive.”

She was also against the portion of the by-law that states people in possession of marijuana will have it seized, even if they have just picked up their prescription.

“We don’t do that with any other prescription,” she said. “The state law says you may not take people’s medicine. You may not forfeit and seize it and hold it until the end of a court case. It specifically says we can’t do that, and this by-law proposes that.”

Voter Jason Bragg made a motion to amend the article by striking the phrase “possess or" and limit it only to the consumption of marijuana and eliminating the sentence “All marijuana being used in violation of sub-section 3.1.10 may be seized and held until final adjudication of the charge against any such person or persons has been made by the court.”