|Malden Councilor James Nestor|
"Kids were smoking in their cars," said Nestor, adding police were hampered by the old ordinance, which "kind of shooed them away, and tied the police's hands," he said during the April 19 meeting.
Steven Epstein, Co-Founder and Treasurer of MassCann/NORML writes,
"Contrary to the story the Council has not yet voted on it, but this lead me to the information they want to empower police to ARREST!
As it is the Malden Ordinance goes far beyond what Question 2 permits by prohibiting possession as well as public consumption!
If you live in Malden do something about it:
Contact your council persons http://www.cityofmalden.org/City-Council/ and if someone steps up to find out how to do a petition to repeal 7.25 for November's ballot this lawyer will help you put the paperwork in order!
G.L. C. 94C, s. 32L (Q2) provides in pertinent part that,
“Nothing contained herein shall prohibit a political subdivision of the Commonwealth from enacting ordinances or bylaws regulating or prohibiting the consumption of marihuana or tetrahydrocannabinol in public places and providing for additional penalties for the public use ofmarihuana or tetrahydrocannabinol.”
Malden Ordinance Section 7.25 goes way beyond providing for additional (civil) penalties
MALDEN ORDINANCE - SECTION 7.25 PUBLIC POSSESSION/USE OF MARIJUANA PROHIBITED
No person shall, while in or upon any property owned or controlled by the city or in any place accessible to the public, possess marijuana or tetrahydrocannabinol in an amount of one ounce or less.
No person shall, while in or upon any property owned or controlled by the city or in any place accessible to the public, smoke, ingest or otherwise use or consume marijuana or tetrahydrocannabinol.
No person shall, while in, on, or within or within one thousand feet of an educational facility or one hundred feet of a public park or playground, use or possess one ounce or less marijuana or tetrahydrocannabinol. As used in this section, “educational facility” shall include the real property comprising a public orprivate accredited preschool, accredited headstart facility, elementary, vocational, or secondary school whether or not in session.
Violation of any provision of this ordinance shall be punishable in the manner provided in Massachusetts General Laws Chapter 40 Section 21D by a fine of $300.00 for each offense. For purposes of enforcing this ordinance, a police officer may detain any individual who fails to provide adequate identification.