A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 17-88, regarding a report on providing clarification for the benefit of residents, visitors, and business owners on how the City views its obligations and constraints regarding marijuana enforcement and regulations; and Awaiting Report Item Number 18-8, regarding a report on any work that is currently underway regarding regulating adult use marijuana and to suggest next steps to the Council no later than February 26, 2018

ADDRESS ALL COMMUNICATIONS TO 125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142` TELEPHONE [phone removed] WEB www.cambridgepolice.org FACEBOOK facebook.com/CambridgePolice TWITTER twitter.com/CambridgePolice Louis A. DePasquale City Manager Dr. Branville G. Bard, Jr. Police Commissioner To: City Manager, Louis A. DePasquale From: Police Commissioner, Branville G. Bard, Jr. Date: December 8, 2017 Ref.: Council Order #0-9; Ref: Marijuana Enforcement In response to Council Order #0-9, dated September 18, 2017, regarding marijuana enforcement and regulation, I offer the following information. There are a number of potential civil and criminal legal mechanisms that could be utilized to curb marijuana smoking, although some of them lack efficient enforcement potential. • M.G.L. c. 94G, s 13(c) prohibits consumption of marijuana in a public place or smoking marijuana where smoking tobacco is prohibited. A person who violates this section may be punished by a civil fine of not more than $100. The problem with this statutory provision is that there is not a traditional mechanism to collect a fine levied on a violator. If a violator refuses to pay the fine, the City would have to file a small claims action in Cambridge District Court to collect the fine, which could be time consuming and expensive. • Disturbing the Peace. M.G.L. c. 272, s. 53 penalizes a person who engages in objectively annoying conduct that, in fact, disturbed another citizen. Chronic violators commit the crime of disturbing the peace once they are aware that their behavior affects another citizen, i.e., in this case a warning from a police officer that neighbors are complaining. Notably, disturbing the peace does not require noise. Although an in-presence violation does provide a right of arrest, to pursue a case, officers should ideally apply for a criminal complaint given the emerging nature of this area of the law. The maximum penalty for a first offense is only a $150 fine. • Trespass. M.G.L. c. 266, s. 120 penalizes, in part, a person who remains on another person’s or organization’s property after being told to leave. The ejection of a person from the property may be based on the violation of a reasonable rule or condition. The prohibition against marijuana clearly qualifies. The trespass statute also provides for a right of arrest for an in-presence violation. However, much like disturbing the peace, to pursue a case in these circumstances, officers should ideally apply for a criminal complaint. The maximum penalty is not more than thirty days in the house of correction and/or a $100 fine.

ADDRESS ALL COMMUNICATIONS TO 125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142 CPD will continue to enforce the laws of the Commonwealth, and respond to complaints by residents and businesses. I can assure you that the department is working on a variety of fronts to identify and resolve issues which potentially affect specific neighborhoods, areas, and the City. Should you have any questions or concerns please let me know. Respectfully, Branville, G. Bard, Jr. Police Commissioner