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As State Considers Legalization, Berkshire County Forum Looks At Marijuana's Impacts

The Berkshire United Way convened the group consisting of Berkshire District Attorney David Capeless, members of the Berkshire County Law Enforcement Task Force and two doctors for the forum at Berkshire Community College.
Jim Levulis
/
WAMC
The Berkshire United Way convened the group consisting of Berkshire District Attorney David Capeless, members of the Berkshire County Law Enforcement Task Force and two doctors for the forum at Berkshire Community College.

As Massachusetts considers legalizing marijuana, medical and law enforcement leaders in Berkshire County met Wednesday to discuss the drug’s impacts.TheBerkshire United Way convened the group consisting of Berkshire District Attorney David Capeless, members of the Berkshire County Law Enforcement Task Force and two doctors for the forum at Berkshire Community College. Dr. Bertha Madras from the Psychiatry Department at Harvard Medical School detailed studies that she says show how marijuana can harm the human brain, which is still developing until about age 25.

“It impairs learning, working memory, attention span, concentration, ability to plan, organizational skills, problem solving, decision making, perception of facts, emotional and behavioral control, coordination, it increases impulsivity and hunger,” Madras. “These are not things that I have just made up from whole cloth, these are based on meta analysis of a lot of literature.” 

Dr. Jennifer Michaels, from the Berkshire County-based Brien Center, says continued marijuana use is especially damaging for teenagers as they are wiring their brains for the future.

“If I have an early exposure to marijuana and smoke daily, I am less likely to be an athlete and work hard in school, but I’m going to be really good at being addicted to marijuana,” Michaels said. “That’s why this is the key time. We all want about our kids and young people because we can dramatically alter the future of their lives.”

Michaels cited a study showing that people who smoked marijuana more than 400 times in their lives are more likely to be welfare-dependent, unemployed and make less money.

The forum comes as it appears likely that Massachusetts voters will consider a referendum to legalize marijuana in November. The Campaign To Regulate Marijuana Like Alcohol says legalization makes sense because it will reduce the underground market, boost the economy by taxing the sale of marijuana and because it’s less damaging than alcohol. Jim Borghesani is the campaign’s communications director.

“We think it is a much better idea to take a substance that is less dangerous and harmful than alcohol by any objective measure and make it a regulated substance sold by licensed facilities that generate revenue and jobs for the commonwealth,” said Borghesani in an earlier interview with WAMC News.

Republican Governor Charlie Baker and a number of political leaders are opposing the referendum including Capeless, president of the Massachusetts’ District Attorney’s Association. Capeless, a Democrat, says the referendum will increase the ability of young people to get marijuana.

“We’ve already seen that in Massachusetts with decriminalization and medical marijuana,” Capeless said. “Although the proposed referendum to be voted on in November would outlaw the sale of marijuana to those under the age of 21, it’s still going to be available. Don’t kid yourself. Alcohol is not available for people under the age of 21 and please don’t tell me it’s not available to them and they don’t use it. We’re going to have the same situation. In fact the referendum would make it easier for people under the 21 to get it. Today under our laws in Massachusetts, the wrongful sale of alcohol to a minor either at a liquor store or a restaurant is a criminal offense and the maximum penalty could be a year’s incarceration. Under the referendum to be voted on it states that a person either can’t be arrested or charged if quote – they reasonably verified that the minor appeared to be 21 by means of a government-issued ID. No consequence at all for them. With the advancements in reproductive technology what appear to be absolutely legitimate licenses or other forms of identification are easily available to teenagers and college students so this gives them a free pass. Also in Massachusetts if someone under the age of 21 is caught in possession of alcohol it’s up to a $300 fine, a criminal offense and an automatic 90-day loss of license, which for teenagers is a huge thing. Under the proposed referendum, it specifically states no criminal penalty can be imposed only a civil penalty with a maximum of a $100.”

Capeless says law enforcement is not as prepared as it should be for a greater availability of marijuana. Trooper Steven Hean of the Berkshire County Law Enforcement Task Force says since the decriminalization of marijuana and legalization of medical use in Massachusetts, the drug is being seized from a wider range of people. Hean says police officers still have questions about how to enforce new laws and guidelines.

“Several court decisions have limited our authority to act upon people using and possessing marijuana during traffic stops,” Hean said. “Our hands are tied significantly with trying to seize marijuana from vehicles even if we can smell it coming from the car plain as day. Regarding medical marijuana cultivation by patients and caregivers – people that grow marijuana on their property – there is a lack of clarity and training for law enforcement regarding this. We are the most-trained narcotics investigators in our county and we are still confused by all the rules and regulations because there is no training and no one to explain this to us in a better fashion.”

Hean says there is only one drug recognition expert, someone qualified to handle cases of people driving under the influence of drugs, in Berkshire County. On the other hand, every officer who graduates from the academy in Massachusetts is trained to test and handle cases of people driving under the influence of alcohol.

Jim is WAMC’s Assistant News Director and hosts WAMC's flagship news programs: Midday Magazine, Northeast Report and Northeast Report Late Edition. Email: jlevulis@wamc.org
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