On April 7, Nantucket Town Meeting by majority voice vote passed Article 49.

My guess is the natives don't mind the police tucking it to summer residents and visitors in this town where 77% of voters approved Question 2!.

ARTICLE 49

FINANCE COMMITTEE MOTION: Moved that Chapter 105 (Peace and Good Order) of the Code of the Town of Nantucket is hereby amended by adding a new Article VI as follows:

ARTICLE VI

Controlled Substances

§ 105-23 Prohibited Acts.

A. No person shall smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannabinol (as defined in G.L. c. 94C, § 1, as amended) while in or upon any street, sidewalk, public way, footway, passageway stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the Town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.

B. No person shall smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannabinol (as defined in G.L. c. 94C, § 1, as amended) upon any private land or place without the consent of the owner or person in control of such land.

§ 105-24 Enforcement.

A. This Article VI 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 G.L. c. 40 § 21, or by noncriminal disposition pursuant to G.L. c. 40, § 21D, by any police officer. In addition, any violation of this Article VI shall be deemed a breach of the peace. The fine for violation of this Article VI shall be three hundred dollars ($300) for each offense. Any penalty imposed under this by-law shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L.

§ 105-25 Seizure of Controlled Substances. All controlled substances being used in violation of this article may be seized and held until final adjudication in court whereupon they will be destroyed by the Police Department.

BOARD OF SELECTMEN COMMENT: The Board of Selectmen supports the Finance Committee Motion.