New Marijuana Law Under Attack In Massachusetts

[bobandtorey]

BOSTON, Mass. – Legislative proposals to limit the cultivation, sale and use of marijuana is infuriating pot advocates in Massachusetts who say lawmakers are trying to gut key provisions of voter-approved recreational use of cannabis.

Among the proposals is a measure to cut in half – from a dozen to six -- the number of marijuana plants individuals can grow on their property. The bill would also impose a two-year ban on edible products such as candy and baked goods with high concentrations of THC, the psychoactive compound in marijuana.

An even more radical measure seeks to repeal the ballot initiative legalizing the recreational use of marijuana in the November election. The law took effect Dec. 15 but implementing regulations remain under discussion.

 

“This is legislative intrusion on a citizens’ initiative,” said Jim Borghesani, spokesman for the Campaign to Regulate Marijuana Like Alcohol, which pushed legalization. “We will fight any attempts to redo the law that was overwhelmingly approved by voters.”

Borghesani said lawmakers had more than two years to approve the use of recreational marijuana and set regulations before the question was put to voters, but they failed to act.

“They punted, and now they want the ball back,” he said. “That’s not the way it works.”

The ballot issue passed with more than 53 percent of the vote on Nov. 8 -- even with opposition from top elected leaders, including Republican Gov. Charlie Baker, Democratic Attorney General Maura Healey and the efforts of an organized, anti-legalization campaign.

The new law allows Massachusetts adults 21 and older to have up to an ounce of marijuana in public, and up to 10 ounces at home. In addition, they may grow up to a dozen plants on their property.

The law also authorizes retail sales and growing facilities, but those aren’t expected to open until 2018 or later.

State Sen. Jason Lewis, a Democrat from suburban Winchester, has filed bills restricting the growth of marijuana and requiring strict labeling of pot products to inform consumers and keep them away from underage users.

“We don’t fully understand the health impacts of these products, so it would be prudent to take time to figure out the safest way to introduce them to the market,” he said. “We’re not in any way trying to defy the will of the people, who made their voices heard. We’re just trying to fill in gaps that the ballot question didn’t address.”

State Senate Minority Leader Bruce Tarr said he wants to give law enforcement more power to deal with pot-impaired motorists by increasing penalties for driving under the influence and extending a law that bans open containers of alcohol in cars to include marijuana.

One bill would require individuals suspected of driving under the influence to submit to blood and urine tests. Those who refuse would have their license suspended.

Lawmakers are also considering raising the tax on pot sales, possibly as high as 30 percent. The law sets a 3.75 percent state excise tax on marijuana sales and allows communities to impose an additional 2 percent tax. Both are in addition to the state’s 6.25 percent sales tax.

 

Jody Hensley, speaking for the Massachusetts Smart Approaches to Marijuana, said opponents of the law want lawmakers to restrict, if not repeal, many of its controversial provisions. She noted that more than 1.5 million voters rejected legalization at the ballot box.

“We don’t believe the majority of voters really understood what was in the 8,500 word ballot question,” Hensley said. “We want a stronger law that protects communities.”

Opponents are also waiting to see whether U.S. Sen. Jeff Sessions, an Alabama Republican tapped by President Donald Trump to become the next Attorney General, will direct the government to intervene by enforcing federal laws.

Eight states now allow recreational use of marijuana, and 29 have legalized medical marijuana. But the Class D controlled substance remains illegal under federal law.

 

http://www.register-herald.com/news/new-marijuana-law-under-attack-in-massachusetts/article_70ac32b1-ade4-5176-9624-6a0934492443.html