Swampscott police chief presents pot bylaw

SWAMPSCOTT – Police Chief Ronald Madigan has crafted a bylaw that if adopted by Town Meeting this spring would allow penalties for public consumption of marijuana.Madigan explained the draft of the proposed bylaw to the selectmen at their meeting this week. He said it is important to have a mechanism in place to deter public consumption of marijuana.”It’s part of maintaining public order,” Madigan said on Wednesday. “We don’t allow public consumption of alcohol and this would be similar.”If adopted by the town, the bylaw provides for a civil penalty of $300 for each offense in addition to the civil penalty for possession.After discussing the issue, the selectmen agreed Madigan should take another look at the wording of the proposed bylaw and clarify it. The selectmen decided the proposed bylaw would be discussed at a future meeting.The law states possession of an ounce or less of marijuana is no longer a criminal offense and police are issuing civil violations instead of arresting violators. Voters across the state supported the change in the law on the Nov. 4 ballot. In Swampscott, 68 percent of voters were in favor, which was higher than the statewide average of 65 percent.The decriminalization of small amounts of marijuana went into effect on Jan. 2. It changed the possession of an ounce or less of marijuana from a misdemeanor into a civil offense that carries a $100 fine. Violators under 18 must attend a drug-awareness program that includes 10 hours of community service. The fine increases to $1,000 for those who fail to complete the program within one year.Madigan said he used a sample bylaw provided by the Attorney General’s Office when drafting the bylaw. The sample bylaw allows for fines, a criminal penalty or both, in addition to the $100 possession fine. Another provision in the bylaw requires individuals using the drug in public to identify themselves to police when asked.