Jonathan Hall Uncovers: Massachusetts marijuana law

It's no longer a crime to smoke pot in the Bay State. Voters sent the old law up in smoke and now the punishment is a fine. The problem: most people just aren't paying and they're getting away with it.

Jonathan Hall, 7News
"When you and I grew up, if you got caught with a joint,that was going to be a big deal."

Chief Richard Wells, Milton Police Department
"Correct, it was arrestable."

Jonathan Hall, 7News
"Is it a big deal now?"

Chief Richard Wells, Milton Police Department
"No. Not at all."

In Boston this year, police issued more than 500 tickets to people who were smoking or carrying an ounce or less of marijuana. They are each supposed to pay a $100 fine. But we found an astounding 83% of them have not paid up.

If you refuse to pay speeding or parking tickets, your license can be suspended. But that's not the case with pot smoking, because under the new law it's now just a civil violation like jaywalking.

Jonathan Hall, 7News
"Would you pay the $100?"

Student
"Probably not."

Under the law, you can be summonsed to court for failing to pay.  But officials say because the fine is so small, it's just not cost effective for them to take that step.

What's more, accused pot smokers do not have to identify themselves to police.

Student
"I wouldn't show my ID if I got busted."

Jonathan Hall, 7News
"Has anybody told you they're the Easter Bunny or Daffy Duck?" 

Dep. Chief Bill Brooks, Wellesley Police Department
"The one we hear all the time is Smokey the Bear."

Police say the new law has no teeth and is nearly impossible to enforce.

They say it's also leading to increased public pot smoking.

At Park Street station, Milton's Police Chief Richard Wells, who was off duty, was shocked to see a young couple light up right in front of him. 

Chief Richard Wells, Milton Police Department
"He takes hold of a marijuana cigarette, it's already pre-rolled, lights it, takes a toke and hands it to her like it's a Marlboro."    

In Arlington, the Chief says he was out for a jog when he caught a public works employee, dressed in a Town of Arlington shirt, smoking pot.

Lt. Robert Bongiorno, Arlington Police Department
"There was no mistaking he was a town employee and there was also no mistaking that he was smoking marijuana."

In that case the employee was fined and fired.   

Lots of local officials are smoking mad about this, taking matters into their own hands. More than 70 cities and towns have pushed through ordinances to increase fines for people who smoke a joint in public. Many fine pot smokers an additional $300.  

As more and more cities and towns act, there's also action here at the state level to change the law. Several bills are pending. One would increase the fine from $100 to $1000 for people caught carrying pot in a car. Another would allow police to arrest suspected pot smokers who fail to identify themselves.

But critics, who feel Massachusetts voters clearly wanted to decriminalize pot smoking, say any change like that would usurp the will of the people.

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