Marijuana Policy Project

Medford — Since Massachusetts voters decriminalized small amounts of marijuana in November, Medford officials have been discussing beefing up restrictions on lighting up in public.

A current effort lead by City Councilor Paul Camuso would have marijuana added to an existing city ordinance that restricts the public smoking of tobacco.

"I'm pushing to regulate the usage in public places," said Camuso. "It's the same fine structure as the tobacco ordinance."

Medford's tobacco ordinance forbids smoking in schools, parks, workplaces and municipal buildings. It covers buildings and grounds, so smokers are supposed to stand away from the entrances.

"I'm not worried about the guy with a dime bag in his pocket at my son's baseball game," said Camuso. "He's going to go home and smoke it on his own. I'm worried about the guy who’s going to take a joint out and light up."

City Councilor Michael Marks, however, does not support increasing restrictions on marijuana.

"This measure was passed by a majority of voters," said Marks, of Question 2. "And I think the voters have spoken clearly enough."

Marks said voters set the fine at $100 and that's where it should stay.

Karen Rose, Board of Health director, said the smoking ordinance has been in place since the 1990s and was already in effect before the state's smoking ban, which has been enforced since 2004.

"We've added to it over the years," said Rose. "It's been amended a couple of times."

The city's smoking fine structure is simple: $100 for a first offense, $150 for the second, $200 for the third and $250 for each subsequent infraction.

State law mandates a civil fine of $100 per offense for possession of an ounce or less of marijuana, plus forfeiture of the drugs. If the fee structure passes, it would take the place of the minimum fine set forth by the state.

The tobacco ordinance has not produced many citations over the last few years. Rose said none were handed out in 2008 and around six people were fined in 2007.

"I think most people are very comfortable with the Massachusetts laws and they don't do that," said Rose. "But now that marijuana is legalized, do they interpret smoking the way we interpret smoking? Someone might test the water, so to speak."

The city is looking into updating the ordinance to remain consistent on its policy on smoking in public, Rose said, since pot is no longer a criminal matter in small amounts, the lines need to be redrawn on a local level.