Vote YES on Question 2

The ACLU of Massachusetts urges a YES vote on Question 2 on the November 4 ballot.

By approving this sensible proposal, we can administer a healthy dose of reform to our state’s ailing and antiquated drug laws.

In Massachusetts, the "war on drugs" has made our prisons overflow, wasted millions of dollars, redirected law enforcement resources away from serious crime, and given career-destroying criminal records to even the most occasional and nonviolent marijuana users. Taking the possession of small amounts of marijuana out of the realm of state criminal law enforcement would greatly reduce the human and financial costs of continuing the "war on drugs."

The new law would create a civil penalty and a system of fines for individuals who are charged with possession of up to an ounce of marijuana. That's an improvement over current law, which treats marijuana possession as a criminal offense. Offenders can face up to six months in jail and a fine of up to $500. Civil penalties would be enforced by issuing citations, the marijuana would be forfeited, and a civil penalty of $100 could be imposed. Eleven other states have similar laws, most in place for decades.

Taking the possession of small amounts of marijuana out of the Massachusetts criminal law enforcement realm would greatly reduce the human and financial costs of continuing the “war on drugs” when the drug is a small amount of marijuana. Maintaining current criminal law enforcement policies also has significant civil liberties costs -- losses to our freedom from unreasonable searches and seizures, to property rights, and to the principles of fairness, equality, and nondiscriminatory treatment.

Massachusetts taxpayers lay out almost $30 million each year just to arrest, “book” and manage preliminary court functions for offenders charged with possession of an ounce or less of marijuana, according to a study by Harvard economist Jeffrey A. Miron. The decriminalization law proposed by Question 2 would save Massachusetts those millions.

And we could save much more valuable human resources, especially our young people. So many individuals in Massachusetts have had their productive lives and opportunities stunted and damaged when they have been branded with “criminal offender record information” (CORI). They’re branded with CORI at the time of arrest; branding doesn’t await formal conviction. Logged into a state database, an individual’s CORI remains there indefinitely, available to employers, landlords, licensing agencies, credit agencies and lenders, and others. The CORI “system” confines its data subjects in a records prison. That’s a hugely disproportionate punishment for possession of a small amount of marijuana.

The ACLU of Massachusetts has long supported drug policy reforms, including the decriminalization law embodied in Question 2. It’s not only sensible -- it’s also practical and protective of our civil liberties.

Please vote YES on Question 2 in the November 4 election, and help us spread the word.