Town Meeting on May 4, 2009 voted to amend Article VI, Public Ways and Places, of the By-laws of the Town of Berlin by adding a new Section 8, to govern the possession and/or use of marijuana or tetrahydrocannabinol, which reads:

            Section 8 - Possession and/or Use of marijuana or Tetrahydrocannabinol.  No person shall consume marijuana or tetrahydrocannabinol as defined by Massachusetts General Laws Chapter 94C, Section 1, within the limits of any park, playground, public building or any public land owned or under the control of the Town of Berlin nor shall any person consume marijuana or tetrahydrocannabinol on any public way or way to which the public has a right of access as invitees or licensees, including any person in a motor vehicle while it is in, on, or upon any public way or any way to which the public has a right of access as aforesaid, within the limits of the Town of Berlin. All marijuana or tetrahydrocannabinol being used in violation of this section may be seized and held until final adjudication of the charge against any such person or persons has been made by the court.  Whoever violates the provisions of this section shall be punished by a fine not exceeding one hundred ($100) dollars for the first offense, two hundred ($200) dollars for the second offense, and three hundred ($300) dollars for any third or subsequent offense.