MASS: 1st Fine Given for Marijuana

Source: masslive.com

SPRINGFIELD - A 29-year-old Holyoke man became the first person in Springfield, and possibly the state, fined for marijuana possession under the state's decriminalization law that went into effect Friday, police said.

Jose Burgos, of 116 Waldo St., Holyoke, was issued a $100 fine for possession of less than a half gram of marijuana when he was stopped by police in Springfield Plaza on Liberty Street at about 12:30 p.m., said Sgt. John M. Delaney, aide to Police Commissioner William J. Fitchet.

The citation was issued by detective Jaime Bruno.

Delaney said he heard that it was the first marijuana citation issued in Massachusetts, but that was not confirmed.

Under the law that was approved by voters in November, people carrying a half gram (?typo? the new law is under 1 oz. face civil citation instead of arrest) or less face a civil citation instead of arrest. Violators aged 18 and above must pay the $100 civil penalty to a municipal clerk. Or, offenders can appeal the citation to a clerk magistrate for a civil hearing.

The amount of marijuana Burgos had in his pockets was equal to about two marijuana cigarettes, Delaney said.

Burgos did not avoid arrest though,

Officers found 119 rocks of crack cocaine, packaged for sale, plus 45 bags of heroin in his car.

He was taken into custody and charged with trafficking between 28 and 100 grams of cocaine, and possession of heroin with intent to distribute.

If convicted, the trafficking charge is punishable by a mandatory seven years in prison, Delaney said.

Of significance of the first the marijuana citation, Delaney said, "He gets a slap on the wrist while he's doing a seven-year mandatory."

The new law passed despite lobbying by area district attorneys. Law enforcement officials continue to criticize the law, saying it has unintended consequences.

Supporters said the law is not difficult to enforce or understand.