Marblehead pot law on Meeting warrant

MARBLEHEAD – Police Chief Robert Picariello is giving local voters a chance to make public marijuana use a civil offense.The proposed bylaw is a state law enforcement response to November’s state-wide referendum, in which voters supported decriminalizing the possession of small amounts of marijuana. Similar bylaws are being proposed in other communities.Relying on a bylaw formulated by the Attorney General’s office and publicized by the Massachusetts Police Chiefs’ Association, Picariello submitted what is now Article 31 in the warrant for the annual Town Meeting May 4.The bylaw bans a driver or passenger in any motor vehicle from smoking or using marijuana when the car is moving or parked.Officers are authorized to write a ticket for each offense with a $300 fine. By comparison, $300 is a maximum speeding fine. Those who do not pay the fine may face civil contempt proceedings in court.Other questions about the proposed bylaw are still being researched.”There’s no arrest provision,” Chief Picariello said Monday. “We’re not going to change the will of the people.”The chief said the bylaw clarifies the appeal process and could give the town some additional revenue.