Katelyn Baker
Well-Known Member
Voters on Election Day chose to legalize recreational marijuana by a seven-point majority. But now the ultimate fate of the vote is in the Legislature's hands.
Given some of the bills filed by the deadline last Friday, it could change dramatically.
Over the next two years, legislators will have the option of signing into law more than 30 bills related to legal pot. The proposals range wildly, from repealing the law entirely to expunging every offense related to the drug.
Fifteen bills filed by state Sen. Jason Lewis dominated the news cycle on the Friday filing deadline. But the breadth of proposals introduced for this next legislative session suggest that the law voters ratified and the one we end up following could be very different.
While some in the Legislature want to see the law curtailed, proponents and folks interested in entering the budding industry feel the law should stand the way it was written when the public voted on it.
Some of the proposed changes.
Bills that would curb personal use
This is perhaps the hardest facet of the law for legislators to change, as most of it went into effect last December.
Still, state Sen. Jason Lewis D-Winchester, one of the most vocal opponents of the law, has filed a bill that would drop the 10-ounce limit of possession in a home to two ounces. The bill would also limit home growing. Currently, you're afforded six plants, and 12 plants in a household. His bill would lower that to six plants per residence, of which no more than three can be "flowering, mature plants." The bill would allow cities and towns to enforce the limit and create its own ordinances to regulate home cultivation.
A bill filed by state Sen. Bruce Tarr, R-Gloucester, would bring common containers for marijuana like baggies and pill bottles into the open container statute applied to alcohol. The law as it exists now allows for carrying up to an ounce in a car, though the marijuana should be in the trunk or a locked glove box, with civil fines up to $500 for violations.
Bills that would curb retail
Lewis also filed several bills that would limit marketing to signs in front of businesses, direct marketing to willing participants, such as newsletters and websites, as long as they have an age verification. That leaves advertising methods like billboards, print ads and digital ads off the table. The bill also seeks to create a public health advisory such as the one seen on cigarette packs for any marijuana advertisement and would ban marijuana products or accessories from being used as prizes in competitions.
A bill filed by Lewis targets packaging, mandating that it can only be opaque, gray-colored, child resistant and free of bright colors or cartoons appealing to minors. The bill would mandate that all marijuana packaging have a special symbol that denotes the pot inside, the potency, a "best by" date and a standard public health warning, among other things.
Another measure filed by Lewis would allow state regulators to ban the sale of any marijuana products except for the bud, if they so chose. Another bill would explore the option of setting a cap on the potency of products sold.
Sen. Ryan Fattman, R-Sutton, filed a bill that would outlaw marijuana edibles shaped like humans, animals, fruit or "geometric shape."
A bill filed by Sen. Harriette Chandler, D-Worcester, would raise the legal purchasing age from 21 to 25.
Bills that would expand town control
Several bills would give cities and towns more authority to regulate and "opt-out" of recreational marijuana retail. The measures in the existing law for local control have long been criticized by state and local leaders as too limiting. Under the current law, cities and towns can opt out of hosting pot shops by referendum vote and can pass measures that limit, but not ban, pot shops licenses via city council or town meeting vote.
A bill filed by Sen. Patrick O'Connor, R-Weymouth, would allow cities and towns to pass ordinances or bylaws that "impose reasonable safeguards on the operation of marijuana establishments."
A similar bill filed by Lewis would allow the governing body of a city or town - typically a city council or board of selectmen - to prohibit certain locations or certain types of establishments from opening within its borders. The governing body would also be able to restrict the "time, place and manner" of marijuana operations and any sale of marijuana accessories, as well as a host of other controls.
Bills that would expand the law
Not all bills filed are designed to curtail measures in the law. Some seek to expand research of the effects, both positive and negative, of marijuana, and others seek to provide relief to people previously convicted of marijuana offenses.
A bill filed by Lewis would dictate that the Cannabis Control Commission develop an annual research agenda to study the social and economic effects of the plant as well as its affect on the human body. The bill also mandates a legal study that, among other things, addresses marijuana prohibition's relationship with the criminal justice system and the disparity between state and federal law. Federally, marijuana is illegal and classified as a Schedule 1 drug.
Sen. Cynthia Creem, D-Newton, filed a bill that would eliminate mandatory minimum sentences related to some drug offenses.
Sen. Patricia Jehlen, D- Somerville, filed a bill that would expunge the sentences of past drug laws repealed by the new marijuana law.
The battle ahead
Lewis, the leader of the charge to reshape the marijuana law, said his bills are an attempt to find a balance between the will of the voting public and safe implementation of the new law.
"The people of Massachusetts made their voices clear when they voted on Nov. 8 to legalize recreational marijuana, and the legislature must respect the will of the people," Lewis said in a statement. "I am fully committed to moving forward as quickly as possible to responsibly and safely implement a legal recreational marijuana market in Massachusetts."
But marijuana advocates don't see it that way.
Maggie Kinsella, a member of the MassCann board of directors, said the host of bills designed to augment the law run counter to the will of the voters. Lewis, she said, has been "vehemently against" cannabis since it was decriminalized in 2008. Lewis, and others critical of the law, are prohibitionists, she said, but 1.8 million people voted for the law and their will needs to be respected.
"It wasn't a 49 to 51, it wasn't off by 100 votes. This won. The majority chose this. Our Legislature is clearly choosing self interest."
Though legislators will have two years to act on the proposed bills, House and Senate leaders have said they want to pass marijuana-related legislation through in six months.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Author: Bill Shaner
Contact: 508-626-3800
Photo Credit: Ken McGagh
Website: Wicked Local Westborough
Given some of the bills filed by the deadline last Friday, it could change dramatically.
Over the next two years, legislators will have the option of signing into law more than 30 bills related to legal pot. The proposals range wildly, from repealing the law entirely to expunging every offense related to the drug.
Fifteen bills filed by state Sen. Jason Lewis dominated the news cycle on the Friday filing deadline. But the breadth of proposals introduced for this next legislative session suggest that the law voters ratified and the one we end up following could be very different.
While some in the Legislature want to see the law curtailed, proponents and folks interested in entering the budding industry feel the law should stand the way it was written when the public voted on it.
Some of the proposed changes.
Bills that would curb personal use
This is perhaps the hardest facet of the law for legislators to change, as most of it went into effect last December.
Still, state Sen. Jason Lewis D-Winchester, one of the most vocal opponents of the law, has filed a bill that would drop the 10-ounce limit of possession in a home to two ounces. The bill would also limit home growing. Currently, you're afforded six plants, and 12 plants in a household. His bill would lower that to six plants per residence, of which no more than three can be "flowering, mature plants." The bill would allow cities and towns to enforce the limit and create its own ordinances to regulate home cultivation.
A bill filed by state Sen. Bruce Tarr, R-Gloucester, would bring common containers for marijuana like baggies and pill bottles into the open container statute applied to alcohol. The law as it exists now allows for carrying up to an ounce in a car, though the marijuana should be in the trunk or a locked glove box, with civil fines up to $500 for violations.
Bills that would curb retail
Lewis also filed several bills that would limit marketing to signs in front of businesses, direct marketing to willing participants, such as newsletters and websites, as long as they have an age verification. That leaves advertising methods like billboards, print ads and digital ads off the table. The bill also seeks to create a public health advisory such as the one seen on cigarette packs for any marijuana advertisement and would ban marijuana products or accessories from being used as prizes in competitions.
A bill filed by Lewis targets packaging, mandating that it can only be opaque, gray-colored, child resistant and free of bright colors or cartoons appealing to minors. The bill would mandate that all marijuana packaging have a special symbol that denotes the pot inside, the potency, a "best by" date and a standard public health warning, among other things.
Another measure filed by Lewis would allow state regulators to ban the sale of any marijuana products except for the bud, if they so chose. Another bill would explore the option of setting a cap on the potency of products sold.
Sen. Ryan Fattman, R-Sutton, filed a bill that would outlaw marijuana edibles shaped like humans, animals, fruit or "geometric shape."
A bill filed by Sen. Harriette Chandler, D-Worcester, would raise the legal purchasing age from 21 to 25.
Bills that would expand town control
Several bills would give cities and towns more authority to regulate and "opt-out" of recreational marijuana retail. The measures in the existing law for local control have long been criticized by state and local leaders as too limiting. Under the current law, cities and towns can opt out of hosting pot shops by referendum vote and can pass measures that limit, but not ban, pot shops licenses via city council or town meeting vote.
A bill filed by Sen. Patrick O'Connor, R-Weymouth, would allow cities and towns to pass ordinances or bylaws that "impose reasonable safeguards on the operation of marijuana establishments."
A similar bill filed by Lewis would allow the governing body of a city or town - typically a city council or board of selectmen - to prohibit certain locations or certain types of establishments from opening within its borders. The governing body would also be able to restrict the "time, place and manner" of marijuana operations and any sale of marijuana accessories, as well as a host of other controls.
Bills that would expand the law
Not all bills filed are designed to curtail measures in the law. Some seek to expand research of the effects, both positive and negative, of marijuana, and others seek to provide relief to people previously convicted of marijuana offenses.
A bill filed by Lewis would dictate that the Cannabis Control Commission develop an annual research agenda to study the social and economic effects of the plant as well as its affect on the human body. The bill also mandates a legal study that, among other things, addresses marijuana prohibition's relationship with the criminal justice system and the disparity between state and federal law. Federally, marijuana is illegal and classified as a Schedule 1 drug.
Sen. Cynthia Creem, D-Newton, filed a bill that would eliminate mandatory minimum sentences related to some drug offenses.
Sen. Patricia Jehlen, D- Somerville, filed a bill that would expunge the sentences of past drug laws repealed by the new marijuana law.
The battle ahead
Lewis, the leader of the charge to reshape the marijuana law, said his bills are an attempt to find a balance between the will of the voting public and safe implementation of the new law.
"The people of Massachusetts made their voices clear when they voted on Nov. 8 to legalize recreational marijuana, and the legislature must respect the will of the people," Lewis said in a statement. "I am fully committed to moving forward as quickly as possible to responsibly and safely implement a legal recreational marijuana market in Massachusetts."
But marijuana advocates don't see it that way.
Maggie Kinsella, a member of the MassCann board of directors, said the host of bills designed to augment the law run counter to the will of the voters. Lewis, she said, has been "vehemently against" cannabis since it was decriminalized in 2008. Lewis, and others critical of the law, are prohibitionists, she said, but 1.8 million people voted for the law and their will needs to be respected.
"It wasn't a 49 to 51, it wasn't off by 100 votes. This won. The majority chose this. Our Legislature is clearly choosing self interest."
Though legislators will have two years to act on the proposed bills, House and Senate leaders have said they want to pass marijuana-related legislation through in six months.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Author: Bill Shaner
Contact: 508-626-3800
Photo Credit: Ken McGagh
Website: Wicked Local Westborough
