Massachusetts Regulation and Taxation of Marijuana Initiative (2016)

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Massachusetts Regulation and Taxation of Marijuana Initiative
Flag of Massachusetts.png
Election date
November 8, 2016
Topic
Marijuana
Status
Signatures submitted
Type
State statute		Origin
Citizens

The Regulation and Taxation of Marijuana Initiative is a state statute initiated by citizens for the Massachusetts ballot on November 8, 2016.

The measure would allow the use, cultivation, possession and distribution of recreational marijuana for individuals at least 21 years old.[1]

Text of measure

Petition name

The petition name is as follows:[1]

“ The Regulation and Taxation of Marijuana Act[2] ”

Ballot summary

The summary is as follows:[3]

Show more
“ The proposed law would permit the possession, use,

distribution, and cultivation of marijuana in limited amounts by persons age 21 and older and would remove criminal penalties for such activities. It would provide for the regulation of commerce in marijuana, marijuana accessories, and marijuana products and for the taxation of proceeds from sales of these items.

The proposed law would authorize persons at least 21 years old to possess up to one ounce of marijuana outside of their residences; possess up to ten ounces of marijuana inside their residences; grow up to six marijuana plants in their residences; give one ounce or less of marijuana to a person at least 21 years old without payment; possess, produce or transfer hemp; or make or transfer items related to marijuana use, storage, cultivation, or processing.

The measure would create a Cannabis Control Commission of three members appointed by the state Treasurer which would generally administer the law governing marijuana use and distribution, promulgate regulations, and be responsible for the licensing of marijuana commercial establishments. The proposed law would also create a Cannabis Advisory Board of fifteen members appointed by the Governor. The Cannabis Control Commission would adopt regulations governing licensing qualifications; security; record keeping; health and safety standards; packaging and labeling; testing; advertising and displays; required inspections; and such other matters as the Commission considers appropriate. The records of the Commission would be public records.

The proposed law would authorize cities and towns to adopt reasonable restrictions on the time, place, and manner of operating marijuana businesses and to limit the number of marijuana establishments in their communities. A city or town could hold a local vote to determine whether to permit the selling of marijuana and marijuana products for consumption on the premises at commercial establishments.

The proceeds of retail sales of marijuana and marijuana products would be subject to the state sales tax and an additional excise tax of 3.75%. A city or town could impose a separate tax of up to 2%. Revenue received from the additional state excise tax or from license application fees and civil penalties for violations of this law would be deposited in a Marijuana Regulation Fund and would be used subject to appropriation for administration of the proposed law. Marijuana-related activities authorized under this proposed law could not be a basis for adverse orders in child welfare cases absent clear and convincing evidence that such activities had created an unreasonable danger to the safety of a minor child. The proposed law would not affect existing law regarding medical marijuana treatment centers or the operation of motor vehicles while under the influence. It would permit property owners to prohibit the use, sale, or production of marijuana on their premises (with an exception that landlords cannot prohibit consumption by tenants of marijuana by means other than by smoking); and would permit employers to prohibit the consumption of marijuana by employees in the workplace. State and local governments could continue to restrict uses in public buildings or at or near schools. Supplying marijuana to persons under age 21 would be unlawful.

The proposed law would take effect on December 15, 2016.[2]

”

Full text

The full text of the measure can be found here.

Support

The Campaign to Regulate Marijuana Like Alcohol in Massachusetts committee is leading support for the initiative.[4]

Supporters

  • ACLU Massachusetts[5]

Arguments in favor

The Campaign to Regulate Marijuana Like Alcohol in Massachusetts argued on its website:[4]

“ Regulating marijuana will replace a dangerous underground market with a system of licensed businesses that ask for ID and only sell marijuana to adults. Products will be tested, packaged, and labeled to ensure marijuana is not contaminated and consumers know what they're getting. Law enforcement officials will be able to spend more of their time and limited resources addressing serious crimes.

Taxing marijuana sales will raise millions of dollars in new revenue each year. Legitimate marijuana businesses will create thousands of good jobs for Massachusetts residents and utilize the products and services of other Massachusetts businesses.

Marijuana is objectively less harmful than alcohol to the consumer and to society - it is less addictive, less damaging to the body, and less likely to contribute to violent and reckless behavior. Adults who can legally consume alcohol should not be punished simply for using a less harmful substance.[2]

”

Travel writer Rick Steves said,[6]

“ I am not "pro-pot." ... I believe marijuana is a drug, it's not healthy, and it can be abused. ... I also believe it is wrong to criminalize it. I'm into 'pragmatic harm reduction' and I believe treating it as a health and education challenge rather than a criminal problem is smarter.[2] ”

Will Luzier, campaign manager for Campaign to Regulate Marijuana Like Alcohol, said in a statement:[7]

“ Marijuana is less toxic than alcohol, it's less addictive, and it's far less likely to contribute to violent crimes and reckless behavior. It simply doesn't make sense to have laws that allow the use of alcohol, yet punish adults who prefer a less harmful substance.[2] ”

James Borghesani, spokesman for the Campaign to Regulate Marijuana Like Alcohol, said,[7]

“ We're confident that Massachusetts voters will see through the regressive, 1930s-era arguments of these groups as they consider a new approach to a substance that is less toxic, less addictive and less dangerous than alcohol. By opposing our initiative these groups are implicitly endorsing a market that benefits gangs and cartels and guarantees unchecked access to young people.[2] ”

Carol Rose, executive director of ACLU Massachusetts, said,[5]

“ Legalization is the smartest and surest way to end targeted enforcement of marijuana laws in communities of color, regulate who has access to marijuana, and eliminate the costs of enforcement while generating revenue for the Commonwealth.[2] ”

Opposition

Opponents

Individuals

Organizations

  • Safe Cannabis Massachusetts[11]
  • Massachusetts Chiefs of Police Association[12]
  • Massachusetts Hospital Association[13]
  • Massachusetts Sheriffs Association[14]
  • Campaign for a Safe & Healthy Massachusetts[15]
  • Massachusetts Association of School Superintendents[16]
  • DanversCARES[17]
  • Retailers Association of Massachusetts[18]
  • Massachusetts Municipal Association[19]
Campaign for a Safe & Healthy Massachusetts

Gov. Charlie Baker, Boston Mayor Marty Walsh, and House Speaker Robert DeLeo partnered with other politicians and set up the Campaign for a Safe & Healthy Massachusetts. Gov. Baker said that recreational marijuana "would put our children at risk and threaten to reverse our progress combating the growing opioid epidemic so this industry can rake in millions in profits."[20] Speaker DeLeo likewise said, "As we face a substance addiction crisis of epic proportions, I oppose measures that make it easier to introduce young people to drug use."[20] Other politicians on the organization's steering committee include: State Sen. Vinny deMacedo (R-Plymouth), State Rep. Paul Donato (D-Medford), State Rep. Hannah Kane (R-Shrewsbury), former State Sen. Steven Baddour (D-Methuen).[20]

Soon after this opposition campaign was announced, the Campaign to Regulate Marijuana Like Alcohol (CRMLA) ran an ad with the photographs of Gov. Baker and Mayor Walsh, who was a recovering alcoholic, and a speech bubble saying, "Our Health Policy: Drink More Alcohol."[21] Will Luzier, campaign manager for CRMLA, said, "I know Mayor Walsh personally and his advocacy for the expansion of operating hours for alcohol establishments and the expansion of licenses in the city of Boston, I believe, are in conflict with his position as a recovering alcoholic."[21] Lizzy Guyton, spokeswoman for Gov. Baker, said that the pro-marijuana group was levying "unfortunate and insensitive attacks from those seeking to open a new billion-dollar commercial marijuana industry in the Commonwealth."[21]

Arguments against

A. Wayne Sampson, executive director of the Massachusetts Chiefs of Police Association, stated:[12]

“ We have seen the detrimental effects it has on families, especially youth. From our experience in homes, families, they can’t keep prescription medications from the kids today and there is certainly nothing that would indicate they could keep legal marijuana from kids.[2] ”

Massachusetts Gov. Charlie Baker, Attorney General Maura Healey and Boston Mayor Marty Walsh issued a joint statement denouncing the measure:[8][22]

“ Here in Massachusetts, we face the possibility that any new revenue would be vastly insufficient to cover the cost of ambulance rides, emergency room visits, and treatment. ... And these are just the hard costs; they don’t include the suffering of the injured and their families. ... We hope voters will listen to the doctors, counselors, and substance-abuse specialists in our own world-class medical community who are expressing concerns over legalization. Decades of research have now debunked the myth that marijuana is harmless. The science also shows that regular marijuana users — especially those who start at a young age — are more likely to try more dangerous drugs.[2] ”

Steven Tompkins, president of the Massachusetts Sheriffs Association, said,[14]

“ As a commonwealth, we need not take actions that could increase availability to, and use of drugs among, young people. ... If this referendum were to pass, Massachusetts would surely see an increase in the amount of Marijuana use and addiction.[2] ”

Lynn Nicholas, president and CEO of the Massachusetts Hospital Association, said in a statement:[7]

“ Clinicians and healthcare leaders from around the state have a clear message - this ballot question is the wrong prescription for Massachusetts. Based on the clear evidence and concern for our patients and our communities, the hospital answer to whether recreational marijuana use should be legalized in Massachusetts is a resounding 'no.'[2] ”

State Sen. Jason Lewis (D-Winchester), chairman of the Special Senate Committee on Marijuana, said,[17]

“ My position is not that I’m fundamentally opposed to legalization, but I am strongly opposed to the ballot question and what the ballot question would represent for Massachusetts. ... And [the commercialized marijuana industry] will be an industry that will be, as we’ve seen in Colorado and elsewhere, highly motivated to increase their sales and profits by targeting young people.[2] ”

Media editorials

The Harvard Crimson supports further decriminalization of marijuana but also supports further research on the societal and medical ramifications of full legalization. The editorial board wrote:[23]

“ Though we recognize that full legalization of marijuana presents some thorny issues for lawmakers to address, it is difficult to say the same for further decriminalizing cannabis possession. Despite a 2008 referendum decriminalizing possession of one ounce or less of the drug, offenders are still subject to civil penalties, and about one thousand people are arrested each year for possession of larger amounts. These arrests are unnecessary, diverting law enforcement resources from serious crimes and perpetuating a punitive suite of drug policies that make little sense given efforts to reduce the prison population and move away from law enforcement centered solutions to drug crimes. Continuing to phase out penalties for possession of marijuana would be a logical extension of current policy.

Despite the clear benefits of further decriminalization, the case for full legalization is not as clear-cut. Eight state senators who visited Colorado in January to assess that state’s experience brought back several concerns about a legalized marijuana industry and its public health implications for which there are no immediately obvious answers. For example, law enforcement has struggled to develop clear protocols for identifying drivers who are under the influence of marijuana, since simple tools akin to breathalyzers do not yet exist. They also struggle to identify the potency of edible marijuana products.

These concerns deserve a full and public airing before Massachusetts voters make a final decision on legalization. Just because these issues exist, however, does not mean that legalization presents insuperable hurdles. As we learn more about the effects of legalization, more and better steps can be taken to minimize its adverse consequences, in the same way that new methods have been developed to combat alcohol abuse by minors and drunk driving. In particular, lawmakers should be prepared for the immediate implementation of a comprehensive regulatory regime should the legalization referendum pass. These regulations could follow the general outlines of the special committee report issued earlier this month, which called for a clear definition of impaired driving and better warning labels on marijuana products, and should also include resources for developing enforcement techniques funded through taxes on the industry.[2]

”

Regulatory cost

On March 8, 2016, Sen. Jason Lewis (D-5), chair of the Special Senate Committee on Marijuana released a report on the feasibility and regulatory cost associated with the approval of the measure. Sen. Lewis said,

“ We think it’s very important that the tax revenue and license fees generated from the industry at least, at a minimum, cover all of the public costs that would be incurred. ... Setting up a whole regulatory system, enforcement, legal costs, administrative costs, training for law enforcement and local government, public health. ... You add up those numbers, you very quickly get into the tens of millions of dollars.[2] ”
—Sen. Jason Lewis[24]

Lewis emphasized the need to make the tax rate low enough to prevent consumers from buying on the black market. He said, “We estimate the tax revenues and license revenues in the $50 to $60 million range on an annual basis. ... We think that may not even be sufficient to cover the full gamut of public and social costs we would incur.[24]

Jim Borghesani, spokesman for the Campaign to Regulate Marijuana Like Alcohol, said that the Lewis' assessment was misguided. He said,

“ We think we’ll generate sufficient revenues to cover the regulatory structure. ... And then on top of that, revenue to go into the general fund. ... The legislature can put that funding toward anything—more treatment beds for opiate addiction, more drug education awareness.[2] ”
—Jim Borghesani[24]

Borghesani noted that Colorado, which legalized recreational marijuana in 2012, took in $135 million in revenue in 2015.[24]

The report of the Special Senate Committee can be read [here].

Polls

The following polls were conducted in 2014 and 2016 about the issue of marijuana legalization in general. They made no reference to this particular initiative.

Massachusetts Marijuana Legalization
Poll Support OpposeUndecidedMargin of ErrorSample Size
MassINC Polling Group
5/16/2014 - 5/18/2014		49.0%42.0%9.0%+/-4.4503
WBUR
3/14/2014 - 3/16/2014		48.0%41.0%11.0%+/-4.4500
UMass Amherst
2/19/2016 - 2/25/2016		53.0%40.0%7.0%+/-4.1891
Western New England University
4/1/2016 - 4/10/2016		57.0%35.0%7.0%+/-4.0497
Suffolk University/Boston Globe
5/2/2016 - 5/5/2016		43.0%46%11.0%+/-4.4500
AVERAGES 50% 40.8% 9% +/-4.26 578.2
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

Path to the ballot

See also: Laws governing the initiative process in Massachusetts

Supporters had until December 2, 2015, to submit at least 64,750 valid signatures. A total of 70,739 signatures were submitted to the secretary of state's office and were certified mid-December 2015. Next, the proposal was put before the Legislature. May 3, 2016, was the deadline for the legislature to take action on the initiative.[25][26]

The legislature did not enact this initiative. To qualify it for the November 2016 election ballot, petitioners needed to collect another 10,792 signatures and submit them to local clerks by about June 22, 2016, so that the petitions could be submitted to the state by a legal deadline on July 6, 2016.[27]

Supporters of the initiative submitted over 25,000 signatures to local clerks on June 22, 2016.[28][29]

Legal challenge

On June 8, 2016, the Massachusetts Supreme Judicial Court heard arguments for two challenges against the proposed measure. One lawsuit sought to block the measure, arguing that supporters hid some of the implications of the measure, including the possibility of the retail sale of genetically modified marijuana with THC levels of 60 percent or higher. The second lawsuit challenged the title of the proposed measure, arguing that "Marijuana Legalization" did not accurately reflect the stipulation that only individuals 21 and older could possess marijuana. The court did not set a ruling date.[30]

State profile

Massachusetts's population in 2014 was 6,745,408.

Massachusetts' population in 2014 was 6,745,408, according to the United States Census Bureau. This estimate represented a 3 percent increase from the bureau's 2010 estimate. The state's population per square mile was 839.4 in 2010, exceeding the national average of 87.4.

Massachusetts experienced a 2.5 percent increase in total employment from 2011 to 2012, falling below the 2.2 percent increase at the national level during the same period.[31]

Demographics

Massachusetts exceeded the national average for residents who attained at least bachelor's degrees, according to data from 2009 to 2013. The U.S. Census Bureau found that 39.4 percent of Massachusetts residents aged 25 years and older attained bachelor's degrees, compared to 28.8 percent at the national level.

The median household income in Massachusetts was $66,866 between 2009 and 2013, compared to a $53,046 national median income. Census information showed an 11.9 percent poverty rate in Massachusetts during the study period, compared to a 14.5 percent national poverty rate.[31] To expand the boxes below, click [show] on the right side of each box.

Note: Each column will add up to 100 percent after removing the "Hispanic or Latino" percentage, although rounding by the Census Bureau may make the total one- or two-tenths off. Read more about race and ethnicity in the Census here.[34]

See also

BP-Initials-UPDATED.png
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External links

Support

Opposition

Footnotes

  1. ↑ 1.0 1.1 Mass.gov, "15-27," accessed December 4, 2015
  2. ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.
  3. ↑ Mass.gov, "15-27 summary," accessed December 4, 2015
  4. ↑ 4.0 4.1 Campaign to Regulate Marijuana Like Alcohol, "Homepage," accessed December 23, 2015
  5. ↑ 5.0 5.1 Sun Times, "Massachusetts ACLU backs marijuana legalization, cites racial enforcement disparities," June 24, 2016
  6. ↑ Masslive.com, "Travel writer Rick Steves is coming to Massachusetts to push for marijuana legalization," February 22, 2016
  7. ↑ 7.0 7.1 7.2 Lowell Sun, "Pot camp fires back as sheriffs, hospitals oppose legal marijuana," March 15, 2016
  8. ↑ 8.0 8.1 8.2 8.3 Boston.com, "Massachusetts’s most powerful politicians come out against legal marijuana," March 7, 2016
  9. ↑ Telegram.com, "After Colorado trip, state Sen. Michael Moore opposes legalizing recreational marijuana," March 8, 2016
  10. ↑ Boston Globe, "State official looks for limits on legal marijuana sales," April 21, 2016
  11. ↑ Mass Live, "Massachusetts lobbyist Daniel Delaney, who's helped medical marijuana companies, opposes Campaign to Regulate Marijuana Like Alcohol on 2016 ballot," January 22, 2016
  12. ↑ 12.0 12.1 Boston Globe, "Marijuana advocates lay groundwork for legalization in Mass.," January 13, 2015
  13. ↑ Washington Times, "Massachusetts hospital group against legalized marijuana," March 12, 2016
  14. ↑ 14.0 14.1 Lowell Sun, "Mass. sheriffs fight push to legalize pot for general use," March 16, 2016
  15. ↑ Campaign for a Safe & Healthy Massachusetts, "Vote NO to legalizing the marijuana industry," accessed April 15, 2016
  16. ↑ Boston Globe, "Mass. superintendents oppose marijuana legalization," April 27, 2016
  17. ↑ 17.0 17.1 Danvers Herald, "Opposition is growing to legalizing marijuana," May 26, 2016
  18. ↑ Boston Globe, "Retailers Association comes out against pot legalization," June 1, 2016
  19. ↑ Connecticut Post, "Group representing cities, towns opposes pot question," June 29, 2016
  20. ↑ 20.0 20.1 20.2 MassLive, "Gov. Charlie Baker, Speaker Robert DeLeo team up to create anti-marijuana legalization ballot committee," April 14, 2016
  21. ↑ 21.0 21.1 21.2 CBS Boston, "Baker, Walsh hypocritical in opposing recreational marijuana legalization, group says," April 15, 2016
  22. ↑ Boston Globe, "Mass. should not legalize marijuana," March 4, 2016
  23. ↑ The Harvard Crimson, "Marijuana in Massachusetts," March 22, 2016
  24. ↑ 24.0 24.1 24.2 24.3 Boston.com, "Senators say marijuana legalization is not a pot of gold," March 8, 2016
  25. ↑ The Boston Herald, "Ballot initiative supporters face key deadline," November 29, 2015
  26. ↑ MassLive.com, "Homegrown: Massachusetts certifies petition by Campaign to Regulate Marijuana Like Alcohol, moving measure closer to statewide ballot vote," December 18, 2015
  27. ↑ Sentinel & Enterprise, "New signature deadline in Mass. for ballot question backers," May 4, 2016
  28. ↑ Daily Reporter, "Backers of a proposal to legalize recreational marijuana in Massachusetts say they have enough signatures to secure a spot on the November ballot," June 22, 2016
  29. ↑ MassLive.com, "Questions on marijuana, education, farm animals likely to make November ballot," June 22, 2016
  30. ↑ CBS Boston, "Marijuana ballot question faces 2 challenges in SJC," June 8, 2016
  31. ↑ 31.0 31.1 31.2 United States Census Bureau, "QuickFacts Beta," accessed March 24, 2015
  32. ↑ Massachusetts Secretary of State, "Election Results," accessed April 17, 2015
  33. ↑ The American Presidency Project, "Presidential Elections Data," accessed March 24, 2015
  34. ↑ United States Census Bureau, "Frequently Asked Questions," accessed April 21, 2014
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