2008 Massachusetts Question 2

The Sensible Marijuana Policy Initiative, also known as Massachusetts Ballot Question 2, was an initiated state statute that replaced prior criminal penalties with new civil penalties on adults possessing an ounce or less of marijuana. The initiative appeared on the November 4, 2008, ballot in Massachusetts.

The measure was passed on Nov 4. and became public law on January 2, 2009

Question 2:

• Replaced criminal penalties with a US$100 fine of which the proceeds go to the city where the offense takes place.
• Eliminated the collection of Criminal Offender Record Information (CORI) reports for minor marijuana related infractions.
• Maintained then-current penalties for selling, growing, and trafficking marijuana, as well as the prohibition against driving under the influence of marijuana.
• The law requires additional penalties for minors such as Parental notification, compulsory drug awareness program, and 10 hours community service that was not required under prior law. It also requires a larger US$1,000 fine and possible delinquency proceedings for those under 17 if they do not complete the requirements of the law.

The law represents a break with prior law in Massachusetts, where people charged with marijuana possession faced criminal penalties of up to six months in jail and a US$500 fine, as well as a CORI report being filed.

On Tuesday, September 10, 2008, a city councillor in Worcester called for a vote on a measure to express the opposition by the city of Worcester to the initiative. The city council rejected and voted down the measure by a 10-1 vote, with the only vote for the measure coming from the councillor that requested the vote.