Controversy in New Hampshire over drug laws. From the New Hampshire Union Leader:

Marijuana vote draws fire

By JOHN WHITSON AND SCOTT BROOKS
New Hampshire Union Leader
Thursday, Mar. 20, 2008

MANCHESTER – Mayor Frank Guinta has asked state Rep. David Scannell to resign as spokesman for the Manchester school district after Scannell voted Tuesday to decriminalize possession of small amounts of marijuana.



Scannell insisted he will not resign, saying his vote is a form of political speech protected by the U.S. Constitution. He also raised the possibility he would take legal action against the mayor or anyone who tries to strip away his job.

In a letter signed yesterday, Guinta said Scannell's vote on the bill, which passed the House but is unlikely to become law, "permanently and irrevocably harms" Scannell's ability to serve Manchester's schools. The mayor argued Scannell's resignation is necessary to "help restore the integrity" of district anti-drug policies.

"He's the face of the district," Guinta said yesterday. "He interacts with kids on a daily basis, and he is taking a position to decriminalize marijuana. That is counter to logic, in my view."

Scannell, 41, has been the district spokesman since March 2004. He also heads the district's safe schools program, an anti-violence initiative. A Democrat, he won the Ward 2 House seat in a special election last May.

In interviews, Acting Superintendent Henry Aliberti and several city school board members said they consider Scannell an upstanding employee. Guinta, too, said he had no qualms with Scannell's performance as the district's coordinator of community relations. The city charter does not authorize the mayor to fire school district employees. Only the school district holds that power, Aliberti said.

Scannell stood by his vote yesterday, saying he believes the bill would allow young people to "get into a rehabilitative system that enables them to become functioning adults."

"We're not condoning drug use in any way, shape or form," he said.

The bill would make possession of up to one-quarter ounce of marijuana a violation punishable by a $200 fine. Under current law, a person could face a $2,000 fine and jail time and may not be eligible for some forms of college aid.

The bill passed the House by a vote of 193 to 141. It has yet to go before the Senate, and Gov. John Lynch has said he would veto the bill if it reached his desk.

Three Manchester Fire Department employees who double as state representatives also voted in favor of the bill: Jeff Goley, Patrick Garrity and Daniel Sullivan. All three are Democrats.

Guinta has not asked for their resignation and declined to say whether he would.

"I'm focusing on the school district," said Guinta, a Republican considering a run for governor. "We have drug policies that the district is responsible for adhering to, and the person who is responsible for public relations is taking a completely counter view. I think that is going to impact (his) credibility with parents and students."

Guinta said he left a voice mail for Scannell but did not speak with him before he sent the letter asking for his resignation. The mayor sent a copy of the letter to Aliberti.

Aliberti declined to say whether he thinks Scannell should keep his job. He called Scannell a "fine employee" and said he has, in the past, kept his legislative responsibilities separate from his duties as a district employee.

Some members of the Manchester school board rose to Scannell's defense yesterday. Joyce Craig, the committeeman representing the North End, said Scannell's politics should not have any bearing on his job.

Chris Herbert, a Republican representing Ward 4, said he disagrees with Scannell's position on the bill but would not want him to lose his job because of it.

"I don't know what the mayor's deal is. A majority of the House voted for it," Herbert said.

Scannell is a Central High School graduate and has a law degree from the University Maine. Before taking the school district job, he spent several years working as an aide to Mayor Robert Baines.

He currently sits on the board of directors for Makin' It Happen, an organization that discourages children from using drugs, tobacco or alcohol. The group's executive director, Tym Rourke, said Scannell asked to be taken off the board at least a month ago because he took a position with the Bean Foundation, which provides funding for groups like Makin' It Happen. No action been taken yet.

The organization has not taken a position on the bill, but Rourke said he thinks it sends a "dangerous" message that marijuana use is "not a big deal."