SENATE, No. 1011

SECTION 1. The fourth sentence of the first paragraph of section thirty-four of chapter ninety-four C of the General Laws as appearing in the 2004 Official Edition, is hereby amended by striking the words:— marihuana or.

SECTION 2. The first paragraph of section thirty-four of chapter ninety-four C of the General Laws as appearing in the 2004 Official Edition, is hereby further amended inserting after the third sentence thereof the following:—

A violation of this section by possession of marihuana shall, the first clause of section seventy C of chapter two hundred and seventy-seven notwithstanding, be treated as a civil infraction and disposed of in accordance with the provisions of said section and the court shall impose a civil fine of not less than $100 nor more than $500 for the first such violation and of not less than $200 nor more than $1,000 for a second or subsequent violation.  In lieu of paying the civil fine a person complained of for violation of this section by means of possession of marihuana may be ordered to perform community service.  An adjudication of responsibility shall neither be used as the basis for denial or revocation of any license granted by the Commonwealth of Massachusetts, nor deemed a conviction for purposes of any disqualification or for any other purpose, nor used in the calculation of second and subsequent offense except that of possessing marihuana.

Section 3.   Section thirty-four of chapter ninety-four C of the General Laws as appearing in the 2004 Official Edition, is hereby further amended inserting after the second paragraph thereof the following:—

A complaint of possession of marijuana shall be commenced by the issuance of a citation in the form provided for by section one of chapter ninety-C.  If the violator is under the age of eighteen the citation shall be delivered to a parent or the legal guardian of said person, or to the clerk of the district court having jurisdiction who shall see to its delivery at the time the person is brought before a judge due to the unavailability of a parent or legal guardian.  The procedures as set forth in the fifth paragraph of section two of chapter 90C for the delivery of a citation alleging one or more criminal automobile law violations to the clerk-magistrate of the district court where the violation occurred shall be followed.  Except as provided herein the provision for the processing of citations set forth in sections three (B)(2) and three(C) of chapter ninety C, shall apply.  Notwithstanding the provisions of section thirty-five A of chapter two hundred and eighteen a person complained of for a violation of this section by means of possession of marihuana shall not be given an opportunity to be heard personally or by counsel in opposition to the issuance of any process based on such complaint.  If a defendant has retained counsel and wishes to be excused from appearing in court on the return day, counsel shall, prior to the scheduled return day, enter an appearance on behalf of the defendant and counsel may enter a plea of responsible on behalf of the client and the Court may impose a civil fine in the absence of the client, who may thereafter pay the imposed assessment by mail within thirty days.

SECTION 4. Section forty-one of chapter ninety-four C of the General Laws as appearing in the 2004 Official Edition, is hereby amended by adding at the end of clause (a) the following:—

 , except for violation of the provisions of section thirty-four involving marihuana by a person eighteen years of age or older;.

SECTION 5. Section forty-one of chapter ninety-four C of the General Laws as appearing in the 2004 Official Edition, is hereby further amended by inserting in clause (c) after the words, “thirty-four” the following:—

 , except for violation involving marihuana by a person eighteen years of age or older.

SECTION 6. Section two of chapter two hundred and eighty C of the General Laws as appearing in the 2004 Official Edition, is hereby amended by inserting at the end of the second paragraph the following:—

Fifty percent of the fines imposed under the provisions of section thirty -four of chapter ninety-four C, for the violation of said section by means of possession of marihuana shall be paid over to the treasury of the city or town wherein the offense was committed and the remaining fifty percent shall be paid over to the state treasurer.