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Police Chief Richard Stillman's local campaign to control public marijuana smoking has been stopped before it had a chance to get started.
Stillman proposed an article to go before Town Meeting that would give police the power to arrest marijuana smokers if they became unruly with officers. The town has a similar measure for public drinking known as the open container bylaw.
The chief recently pulled his request, however, when he learned Attorney General Martha Coakley would not back such a measure.
With the new state law decriminalizing possession of small amounts of marijuana, Bay Staters can now carry up to an ounce of marijuana - or roughly a dozen marijuana cigarettes depending on the potency of the drug - without facing arrest, though they can be fined.
Stillman said he wanted the authority to be able to arrest a person who became unruly while being cited for smoking in public.
If someone is drinking in a public area, he said, the person would simply be asked to get rid of the alcohol but would be arrested if the request led to disorderly behavior. He said he wanted the same standards applied to public marijuana use.
Stillman said Coakley would not approve any bylaw that allowed for arrest.
Procedurally, the article would have gone before Town Meeting on May 4 and, if it were approved, it would become a bylaw pending the approval of the Attorney General.
Normally rulings aren't made until the bylaw comes across the attorney general's desk, but Coakley opted to give her input early, Stillman said, since a number of police departments are attempting to pass similar articles.
According to Stillman, Coakley made her decision to preserve the rights of those who do not believe a small marijuana offense should be warrant for arrest under any circumstance.
"I can't say I totally disagree with her," Stillman said, who has said in the past if the bylaw went into effect he would instruct officers only to arrest in extreme circumstances. Stillman said not having the provision is "not a huge issue" for the town, but its lack can put police in a tough spot.
Walpole police will deal with the new law "like everyone else in the state," Stillman said. "We'll see how it plays out."
Stillman said there is a loophole in the law in that people do not have to give officers their real names because it's a civil crime with no provision for arrest.
Stillman said state legislators will be examining the law to see if they can clarify it.
Many laws are amended numerous times before they become viable, Stillman said, adding this may be one of them.
As for now, the chief said he would continue to issue civil fines for marijuana violators - even if they are to John and Jane Does.
Selectmen are still in the process of discussing the article, but all they could do is support a bylaw that would increase fine amounts. Stillman said that probably wouldn't be worthwhile.
Police Chief Richard Stillman's local campaign to control public marijuana smoking has been stopped before it had a chance to get started.
Stillman proposed an article to go before Town Meeting that would give police the power to arrest marijuana smokers if they became unruly with officers. The town has a similar measure for public drinking known as the open container bylaw.
The chief recently pulled his request, however, when he learned Attorney General Martha Coakley would not back such a measure.
With the new state law decriminalizing possession of small amounts of marijuana, Bay Staters can now carry up to an ounce of marijuana - or roughly a dozen marijuana cigarettes depending on the potency of the drug - without facing arrest, though they can be fined.
Stillman said he wanted the authority to be able to arrest a person who became unruly while being cited for smoking in public.
If someone is drinking in a public area, he said, the person would simply be asked to get rid of the alcohol but would be arrested if the request led to disorderly behavior. He said he wanted the same standards applied to public marijuana use.
Stillman said Coakley would not approve any bylaw that allowed for arrest.
Procedurally, the article would have gone before Town Meeting on May 4 and, if it were approved, it would become a bylaw pending the approval of the Attorney General.
Normally rulings aren't made until the bylaw comes across the attorney general's desk, but Coakley opted to give her input early, Stillman said, since a number of police departments are attempting to pass similar articles.
According to Stillman, Coakley made her decision to preserve the rights of those who do not believe a small marijuana offense should be warrant for arrest under any circumstance.
"I can't say I totally disagree with her," Stillman said, who has said in the past if the bylaw went into effect he would instruct officers only to arrest in extreme circumstances. Stillman said not having the provision is "not a huge issue" for the town, but its lack can put police in a tough spot.
Walpole police will deal with the new law "like everyone else in the state," Stillman said. "We'll see how it plays out."
Stillman said there is a loophole in the law in that people do not have to give officers their real names because it's a civil crime with no provision for arrest.
Stillman said state legislators will be examining the law to see if they can clarify it.
Many laws are amended numerous times before they become viable, Stillman said, adding this may be one of them.
As for now, the chief said he would continue to issue civil fines for marijuana violators - even if they are to John and Jane Does.
Selectmen are still in the process of discussing the article, but all they could do is support a bylaw that would increase fine amounts. Stillman said that probably wouldn't be worthwhile.
