Fewer than two years after marijuana was decriminalized in Massachusetts, the Boston University Police Department is relieved that the number of drug violations has not gone up &- but police also say they now grapple with complexities of the law on and off campus.
Despite the decriminalization, students still face serious disciplinary measures if found with marijuana on campus and police say the law makes it easy for offenders off-campus to give them false information.
Disciplinary Records
BUPD and the Boston Police Department have long followed a customary agreement to share information about BU students.
For example, when students are arrested for criminal offenses such as underage possession of alcohol, BPD generally faxes over reports to BUPD, who then reports the incidents to Judicial Affairs, according to BUPD.
But because possession of marijuana is no longer a criminal offense, BUPD said that BPD no longer reports students off-campus in possession of decriminalized amounts of the drug to the university.
However, BU students caught with marijuana by BUPD are less lucky &- those found in possession of marijuana may have the incident recorded on their disciplinary record for seven years after graduation in addition to the fine if Judicial Affairs issues a sanction of at least probation.
Graduate schools, transfer schools, bar associations and government agencies frequently request and review these disciplinary records, said BU spokesman Colin Riley in an email.
However, he also added that students must authorize the release of these records.
Additionally, “disciplinary sanctions may include participation in a treatment, counseling or other approved rehabilitation program” for drug and alcohol violations, according to the BU Lifebook.
At BU, students found guilty of a violation of a student code can request to have their case heard in front of a panel of faculty, and students selected by the dean.
Samantha Harris, an attorney and director of the Foundation for Individual Rights in Education, said that the double standard for students on and off campus could potentially be harmful.
“Given that Massachusetts is relatively unique in its decriminalization of marijuana possession, a drug conviction &- even one within a student judicial system &- could have a serious effect on a student’s future,” said Harris in an email.
BUPD records show that the number of marijuana citations dropped from 20 in 2008 to 16 in 2009. There have been 11 violations so far in 2010, a figure that suggests a continuation of the downward trend.
“I’m happy there wasn’t a spike in use” after the drug’s decriminalization in January 2009, said Scott Par?, deputy director of public safety for BUPD.
According to the law, citizens found in possession of less than one ounce of marijuana must pay a fine of $100, but the incident will not result in a criminal record.
Tucker Bliss, a senior in the College of Communication said the problem wasn’t the law, but the lack of awareness.
“I don’t think they make that clear that it’s “more illegal’ to smoke in a dorm,” Bliss said.
Kailei Nassar, a senior in the School of Management, believes that students are unfairly targeted.
“I think that’s limiting someone’s success for something that’s not really a law,” Nassar said.
Other students believe that in a private university, officials have the right to impose separate laws.
“I think its pretty rational because it’s their policy, it’s their rules,” said Richard Duque, a COM freshman.
No ID
Since the marijuana decriminalization law took effect, one of the biggest gray areas for police has been that pedestrians found in possession of marijuana could easily avoid paying the fine by proving false identification, BUPD officers said.
“The law could be better written to assist police officers doing their job,” Par? said.
“It doesn’t provide us with much bite to confirm their identity,” added BUPD Captain Robert Molloy.
When students are in vehicles or on bicycles they are required to show proof of identification if suspected of possession of marijuana.
“If you are on your bike and you refuse to identify yourself you can be arrested,” Par? said.
BU students are also required to carry identification on campus, according to the student code.
However, pedestrians are not required to carry identification, leaving a gray area in the law.
“BPD cannot force you to produce an ID,” Par? said.
If someone is found in possession of marijuana they could give police a fake address to send the $100 citation.
“Quite honestly, you could provide Jane Doe, I live on John St.,” Par? said.
In fact, it may even be possible to provide the contact information of another person, Par? and Molloy said.
“They don’t take a picture and you get the citation in the mail,” Par? said.
However, they have not actually heard of this happening before, both said.
Some students expressed surprise to hear about this loophole in the law.
“If you can give them a fake ID or fake name, then what’s the point of the citations for pedestrians?” Bliss asked.
An earlier version of this article incorrectly implied that all students found in possession of marijuana by BUPD would have the incident recorded on their disciplinary record. In fact, marijuana possession would only be recorded on their record for seven years after graduation if the student received a sanction of at least probation from Judicial Affairs.
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