State certifies election; new pot law in force on Jan. 2.

Byline: John J. Monahan

BOSTON - It's official. The votes have been counted and certified and the 2008 election process is over.

The state's results were certified Tuesday by a vote of the Governor's Council, which means the governor will send winning candidates an official notice of their election and new statutes adopted by referenda to decriminalize possession of marijuana and prohibit greyhound dog racing are set to become law Jan. 2.

The Governor's Council made rapid work of the final formal step in the state election process when it voted unanimously to certify the election results Tuesday on a voice vote that took less than 30 seconds and garnered no discussion.

On the federal level, the Electoral College is set to meet Dec. 15 to formally elect Sen. Barack Obama as president and Sen. Joseph Biden as vice president.

In a record turnout for the state, 3,102,995 voters cast ballots in the Nov. 4 election out of a total population of 6.4 million. Mr. Obama won all 12 of the state's electoral votes with 1,904,097 votes to Sen. John McCain's 1,108,854, giving the Democrat a margin of 61.8 percent to 35.99 percent.

Brian S. McNiff, spokesman for Secretary of State William F. Galvin, said that under state law established by a 1972 Supreme Judicial Court ruling, referenda approved by voters must take effect 30 days after the official certification by the Governor's Council.

The dog racing law will be in effect starting Jan. 2, but will only begin to prohibit dog racing on which betting occurs starting Jan.1, 2010, as stipulated in the initiative petition that appeared on the ballot. The state Racing Commission will be prohibited from accepting or approving any applications or requests for dog racing dates after Jan. 1, 2010, and any person violating the law could be required to pay a civil penalty of not less than $20,000.

The marijuana law will replace the present criminal penalties for possession of one ounce or less with a new system of civil penalties. Civil offenses under the law would be excluded from the state's criminal offender record information. Adults found in possession of up to one ounce under the new law would be subject to forfeiture of the marijuana and a $100 fine.

Offenders under 18 would be subject to the same forfeiture and, if they complete a drug awareness program within one year of the offense, the same $100 fine.

For offenders under 18 the new law also requires their parents or legal guardian be notified of the offense and the option for the offender to complete a drug awareness program that is to be developed by the Department of Youth Services. That program could include 10 hours of community service and at least four hours of instruction or group discussion concerning the use and abuse of marijuana and other drugs.

The penalty for those under 18 who fail to complete a drug awareness program within one year could be increased to $1,000 unless the offender showed an inability to pay, or an inability to participate in such a program.

The law specifies possession of an ounce or less can not be grounds for state or local government to impose any additional penalties or sanctions, such as denying student financial aid, public housing, public financial assistance, unemployment benefits, the right to operate a motor vehicle or the opportunity to serve as a foster parent or adoptive parent.

The law would allow local ordinances or bylaws that would prohibit public use of marijuana, and will not affect existing laws concerning operating a motor vehicle or other actions while under the influence of marijuana or selling, manufacturing or trafficking in marijuana.

The money from fines under the new law will go to the city or town where the offense occurred.

Gov. Deval L. Patrick has directed the Executive Office of Public Safety and Security to prepare plans to implement the law before the effective date. Jill T. Butterworth, spokeswoman for the attorney general's office, said yesterday that the office will develop plans to enforce the new law in coordination with other law enforcement agencies over the next 30 days.

"Our office will continue to work collaboratively with EOPSS and the district attorneys and law enforcement agencies on implementation," she said. "It's an ongoing process."