MA: Marijuana Stores Could Face Delay

Katelyn Baker

Well-Known Member
Massachusetts lawmakers on Beacon Hill on Wednesday, December 28, passed a measure to delay portions of the recently approved ballot question legalizing recreational marijuana.

The move has prompted frustration, even outrage, for pro-legalization advocates who believe the Legislature violated the public's trust.

"They did this clearly behind the scenes, knowing it wasn't going to be very popular," said Richard D. Elrick, Mashpee resident and pro-marijuana advocate. "This is one more sign of a democracy that is not functioning properly."

Mr. Elrick, who spoke at local forums in favor of Question 4, the ballot initiative to legalize recreational marijuana, said that a handful of legislators by their vote overruled 1.8 million voters in the state, which he said only added to cynicism about government.

The Boston Globe reported yesterday that about half a dozen lawmakers voted during an informal session to delay the date by which recreational marijuana facilities could open for business, which had been outlined in the ballot as well as the deadline to create the Cannabis Control Commission. The commission would regulate recreational recreational marijuana sales in the state.

The lawmakers voted to move back the date of January 1, 2018, for the opening of facilities by six months. Governor Charles D. Baker Jr. could veto the measure but he has so far advocated against marijuana legalization.

State Senator Viriato M. (Vinny) deMacedo (R-Plymouth) said that the measure does not go against the will of the people: recreational marijuana remains legal, as does growing the product at home.

He said that he was unaware of the measure before the vote but he was not surprised. The state treasurer, charged under the ballot initiative with creating the commission, had only limited time as outlined in the ballot measure, so the Legislature had to act quickly, he said.

The senator added that all it would have taken to stop the measure in an informal session would have been one vote in opposition. Formal sessions at the state house ended over the summer and during an informal session a measure needs unanimous support to pass.

While he was not present for the vote, Sen. deMacedo said he agreed with the intention of it. "To make it legal in the state is a huge challenge," he said. He said that this week's decision is an attempt to create a law in "an orderly fashion."

"We learned from Colorado that they had to adjust their law 12 times with all kinds of challenges," he said.

In response, Mr. Elrick said that the time line approved by Massachusetts voters was based on the passage of recreational marijuana in Colorado. "They say it is insufficient time but Colorado did it," he said.

He added that the state has had plenty of experience with liquor laws on which the marijuana ballot question was based.

Mr. Elrick also called the move dangerous.

"By delaying implementation, the Legislature is actually harming public safety by continuing to promote the black market," he said.

Without permitted recreational dispensaries, users will be forced to turn to the black market, Mr. Elrick said.

"The voters have made the decision; this is clearly not a positive first sign that the Legislature will act in good conscience from what the voters wanted," he said. He said that they might now try to increase the age to purchase marijuana, push the date back even further or try to tax it so much that users still would be forced to use the black market.

"It just boils me; it really does," Mr. Elrick said of this week's vote. "I shouldn't be surprised but it sure breeds anger and cynicism of government."

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Full Article: Marijuana Stores Could Face Delay
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