WESTFORD $300

On October 18, 2010, Westford at a Special Town meeting voted to amend the General Bylaws by adopting a new bylaw regulating the public use and consumption of marijuana, as follows:

Chapter 124: Public Consumption of Marijuana

§124.1. Definitions
The following definitions shall apply in the interpretation and enforcement of this bylaw.

Marijuana shall mean marijuana (or tetrahydrocannabinol) as defined in Massachusetts General
Laws Chapter 94C, Section 1 as amended.
Consume shall mean taking into the human body by means of inhalation, ingestion, absorption
or injection.

§124.2. Public Consumption prohibited.
No person shall burn, smoke, ingest, or otherwise use or consume marijuana or
tetrahydrocannabinol (as defined in Massachusetts General Laws Chapter 94C, Section 1, as
amended) while in or upon any area owned by or under the control of the Town, including but
not limited to, any street, sidewalk, public way, footway, passageway, stairs, bridge, park,
playground, beach, recreation area, boat landing, public building, school, school grounds,
cemetery, or parking lot; or in or upon any bus or other passenger conveyance operated by a
common carrier; or in or upon any place accessible to the public, including any person in a
motor vehicle while it is in, or upon any public way or any way to which the public has a right
of access within the Town.

§124.3. Seizure of marijuana in violation.
Any marijuana or tetrahydrocannabinol burned, smoked, ingested, or otherwise used or
consumed in violation of this bylaw shall be seized, held, and disposed of in accordance with
Massachusetts General Laws Chapter 94C, Section 47A.

§124.4. Identification of person(s) found in violation.
Whoever is found in violation of this bylaw shall, when requested by an official authorized to
enforce this bylaw, state his or her true name and address to said official.

§124.5. Enforcement.
This bylaw may be enforced through any lawful means in law or in equity including, but not
limited to, enforcement by criminal indictment or complaint pursuant to Massachusetts General
Laws Chapter 40, Section 21, or by non-criminal disposition pursuant to Massachusetts General
Laws Chapter 40, Section 21D, by the Board of Selectmen, the Town Manager, or their duly
authorized agents, or any police officer.

§124.6. Penalties.

 

The fine for a violation of this bylaw shall be $300 for each offense. A penalty imposed under
this bylaw shall be in addition to any civil penalty imposed under Massachusetts General Laws
Chapter 94C, Section 32L.
An offender under the age of 18 that violates this bylaw shall be subject to forfeiture and a $100
fine, provided he or she also completes a drug awareness program which meets the criteria set
forth in Massachusetts General Laws Chapter 94C, Section 32M. The parents or legal guardian
of any offender under the age of 18 shall also be notified of the offense, as set forth in
Massachusetts General Laws Chapter 94C, Section 32N, and informed of the drug awareness
program and community service requirements. If an offender under the age of 18 fails within 1
year of the offense to complete both a drug awareness program and the required community
service, the $100 fine for violation of the bylaw may be increased to $300 and the offender and
his or her parents shall be jointly and severally liable to pay that amount. A fine of $300 shall
also be imposed for offenders under the age of 18 for each subsequent offense of this bylaw.

And that the Town add an entry in Chapter 1, Section 1.4 of the General Bylaws, as follows:

 

Chapter

Enforcing persons

Offense

Penalty

Chapter 124
Public Consumption of
Marijuana

Selectmen, Town
Manager, any police

1st and each subsequent

Offense

$300

 

 

 

 

Chapter 124
Public Consumption of Marijuana by a person Under 18 but over 14 years of age

Selectmen, Town
Manager, any police

1st Offense

$100 and

complete

drug

awareness

program

 

 

 

 

Chapter 124
Public Consumption of
Marijuana by a person
Under 18 but over 14 years
of age

Selectmen, Town
Manager, any police

Failure to complete the

drug awareness program

and each subsequent

offense

$300

 

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