Katelyn Baker
Well-Known Member
The Massachusetts ballot question that would legalize recreational marijuana use takes up 10 single-spaced pages in the official state voter guide.
In short, Question 4 would allow adults over 21 to sell, buy and use marijuana. But the detailed provisions of the law have already generated some speculation that if the law passes, lawmakers might immediately try to change it. For example, legislators have said they will consider raising the proposed tax rate on marijuana.
Like any ballot question, the question was written by the advocates who proposed it - in this case, the Marijuana Policy Project, a national group advocating for loosening marijuana laws.
Here's a look at some of the details of the ballot question.
Who is allowed to use marijuana?
Adults 21 years old and older.
How much marijuana can I have?
An adult may not be penalized for buying, owning, using or manufacturing one ounce of marijuana or less, provided that no more than five grams is in the form of marijuana concentrate. In your home, you can possess up to 10 ounces of marijuana and cultivate up to six marijuana plants for personal use. You can give a friend up to one ounce of marijuana as long as you do not charge for it.
Who would regulate the marijuana industry?
A newly appointed Cannabis Control Commission, made up of three members appointed by the Massachusetts treasurer, would be responsible for regulating and supervising marijuana businesses.
What would the Cannabis Control Commission do?
The commission would develop procedures for issuing and renewing licenses, although the ballot question caps fees at $15,000 for licenses for stores, manufacturers and cultivators. It would develop requirements for the security of marijuana businesses, for preventing marijuana sales to minors, for record keeping, health and safety standards, packaging and labeling requirements, testing requirements, marketing restrictions and enforcement mechanisms. The commission would have authority to limit the total amount of marijuana grown in Massachusetts.
The commission would not be allowed to prohibit marijuana operations entirely, require testing before any testing facilities are up and running or require customers to provide any identifying information other than their age. It would not be allowed to prohibit medical marijuana and retail marijuana operations from operating at the same site and sharing plants.
Under the ballot question, marijuana stores will be required to secure their stores, inventory, equipment and cultivation areas to prevent theft.
How long does the Cannabis Control Commission have to develop policies?
If the commission fails to develop regulations by Jan. 1, 2018, the ballot question allows existing medical marijuana treatment centers to being selling recreational marijuana to adults without any additional regulations.
How would the commission develop its policies?
A new 15-member Cannabis Advisory Board would study and make recommendations on the regulation of marijuana and marijuana products. This board would be appointed by the governor and include experts in different facets of marijuana policy, including cultivation, retail, public health and law enforcement.
What would the tax rate be?
There would be a marijuana excise tax of 3.75 percent, in addition to the state sales tax of 6.25 percent. Cities and towns could impose a local sales tax of up to 2 percent.
This is far lower than the tax rates of 25 percent to 37 percent in other states where marijuana is legal.
Can I drive while on marijuana?
The same penalties for impaired driving as currently exist for alcohol and drugs would remain in place for marijuana. Opponents of the question have pointed out that law enforcement would have to develop a new test to measure marijuana impairment.
Can my landlord stop me from using marijuana?
A landlord can prohibit a tenant from smoking on the property, but cannot prohibit a tenant from consuming marijuana in other ways, such as by eating an edible marijuana product.
Can I smoke at school or work?
You cannot use marijuana on the grounds of a school, even if you are an adult. You also cannot use marijuana on the grounds of a correctional facility. Your employer can forbid you from using marijuana at work.
Can a city or town restrict marijuana sales?
Cities and towns can adopt ordinances that impose "reasonable safeguards" on the operation of marijuana shops, including limiting the number or type of marijuana establishments. Voters in a city or town can vote to ban marijuana sales in their town. Towns cannot impose fees on marijuana businesses beyond what is necessary to cover their costs.
If I was convicted of possessing marijuana previously, can I work in the marijuana industry?
Yes. The ballot question specifies that a prior conviction solely for a marijuana-related offense does not affect eligibility for employment at a marijuana establishment, as long as the offense did not involve selling marijuana to a minor. The question also says there must be policies to encourage full participation in the industry from communities that have "been disproportionately harmed by marijuana prohibition and enforcement."
What happens to existing medical marijuana facilities?
There will be no change to the operations of existing medical marijuana facilities. Medical marijuana facilities will get first priority for licenses to sell recreational marijuana that are issued before Jan. 1, 2018.
After that date, all licenses will be issued by lottery.
What are other implications of the law?
Marijuana use cannot be the basis for denying a parent custody or other parental rights. The use of marijuana cannot disqualify a person from medical treatment, such as organ transplants. A professional licensing board cannot discipline someone for providing professional services to a marijuana establishment.
What penalties would remain for marijuana offenses?
Cultivating marijuana plants that are visible from a public place or are not properly secured would be punishable by a $300 fine and forfeiture of the marijuana; possession of too much marijuana or marijuana not secured by a lock would be punishable by a $100 fine; restrictions on public consumption would be punishable by a $100 fine; possessing an open container of marijuana in a car would be punishable by a $500 fine.
If someone under 21 is caught buying marijuana, they would be punished with a fine of $100 and a requirement to complete a drug awareness program. The parents of a marijuana user under 18 would be notified.
Where will money collected from the fines go?
A Marijuana Regulation Fund would be established with the money from marijuana-related fees and penalties. The fund would be used to cover the costs of implementing and administering the marijuana laws. Any extra money could go into the state's general fund.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Fees, Fines And Regulations - A Guide To The Massachusetts Marijuana Ballot Question
Author: Shira Schoenberg
Contact: MassLive
Photo Credit: Seth Perlman
Website: MassLive
In short, Question 4 would allow adults over 21 to sell, buy and use marijuana. But the detailed provisions of the law have already generated some speculation that if the law passes, lawmakers might immediately try to change it. For example, legislators have said they will consider raising the proposed tax rate on marijuana.
Like any ballot question, the question was written by the advocates who proposed it - in this case, the Marijuana Policy Project, a national group advocating for loosening marijuana laws.
Here's a look at some of the details of the ballot question.
Who is allowed to use marijuana?
Adults 21 years old and older.
How much marijuana can I have?
An adult may not be penalized for buying, owning, using or manufacturing one ounce of marijuana or less, provided that no more than five grams is in the form of marijuana concentrate. In your home, you can possess up to 10 ounces of marijuana and cultivate up to six marijuana plants for personal use. You can give a friend up to one ounce of marijuana as long as you do not charge for it.
Who would regulate the marijuana industry?
A newly appointed Cannabis Control Commission, made up of three members appointed by the Massachusetts treasurer, would be responsible for regulating and supervising marijuana businesses.
What would the Cannabis Control Commission do?
The commission would develop procedures for issuing and renewing licenses, although the ballot question caps fees at $15,000 for licenses for stores, manufacturers and cultivators. It would develop requirements for the security of marijuana businesses, for preventing marijuana sales to minors, for record keeping, health and safety standards, packaging and labeling requirements, testing requirements, marketing restrictions and enforcement mechanisms. The commission would have authority to limit the total amount of marijuana grown in Massachusetts.
The commission would not be allowed to prohibit marijuana operations entirely, require testing before any testing facilities are up and running or require customers to provide any identifying information other than their age. It would not be allowed to prohibit medical marijuana and retail marijuana operations from operating at the same site and sharing plants.
Under the ballot question, marijuana stores will be required to secure their stores, inventory, equipment and cultivation areas to prevent theft.
How long does the Cannabis Control Commission have to develop policies?
If the commission fails to develop regulations by Jan. 1, 2018, the ballot question allows existing medical marijuana treatment centers to being selling recreational marijuana to adults without any additional regulations.
How would the commission develop its policies?
A new 15-member Cannabis Advisory Board would study and make recommendations on the regulation of marijuana and marijuana products. This board would be appointed by the governor and include experts in different facets of marijuana policy, including cultivation, retail, public health and law enforcement.
What would the tax rate be?
There would be a marijuana excise tax of 3.75 percent, in addition to the state sales tax of 6.25 percent. Cities and towns could impose a local sales tax of up to 2 percent.
This is far lower than the tax rates of 25 percent to 37 percent in other states where marijuana is legal.
Can I drive while on marijuana?
The same penalties for impaired driving as currently exist for alcohol and drugs would remain in place for marijuana. Opponents of the question have pointed out that law enforcement would have to develop a new test to measure marijuana impairment.
Can my landlord stop me from using marijuana?
A landlord can prohibit a tenant from smoking on the property, but cannot prohibit a tenant from consuming marijuana in other ways, such as by eating an edible marijuana product.
Can I smoke at school or work?
You cannot use marijuana on the grounds of a school, even if you are an adult. You also cannot use marijuana on the grounds of a correctional facility. Your employer can forbid you from using marijuana at work.
Can a city or town restrict marijuana sales?
Cities and towns can adopt ordinances that impose "reasonable safeguards" on the operation of marijuana shops, including limiting the number or type of marijuana establishments. Voters in a city or town can vote to ban marijuana sales in their town. Towns cannot impose fees on marijuana businesses beyond what is necessary to cover their costs.
If I was convicted of possessing marijuana previously, can I work in the marijuana industry?
Yes. The ballot question specifies that a prior conviction solely for a marijuana-related offense does not affect eligibility for employment at a marijuana establishment, as long as the offense did not involve selling marijuana to a minor. The question also says there must be policies to encourage full participation in the industry from communities that have "been disproportionately harmed by marijuana prohibition and enforcement."
What happens to existing medical marijuana facilities?
There will be no change to the operations of existing medical marijuana facilities. Medical marijuana facilities will get first priority for licenses to sell recreational marijuana that are issued before Jan. 1, 2018.
After that date, all licenses will be issued by lottery.
What are other implications of the law?
Marijuana use cannot be the basis for denying a parent custody or other parental rights. The use of marijuana cannot disqualify a person from medical treatment, such as organ transplants. A professional licensing board cannot discipline someone for providing professional services to a marijuana establishment.
What penalties would remain for marijuana offenses?
Cultivating marijuana plants that are visible from a public place or are not properly secured would be punishable by a $300 fine and forfeiture of the marijuana; possession of too much marijuana or marijuana not secured by a lock would be punishable by a $100 fine; restrictions on public consumption would be punishable by a $100 fine; possessing an open container of marijuana in a car would be punishable by a $500 fine.
If someone under 21 is caught buying marijuana, they would be punished with a fine of $100 and a requirement to complete a drug awareness program. The parents of a marijuana user under 18 would be notified.
Where will money collected from the fines go?
A Marijuana Regulation Fund would be established with the money from marijuana-related fees and penalties. The fund would be used to cover the costs of implementing and administering the marijuana laws. Any extra money could go into the state's general fund.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Fees, Fines And Regulations - A Guide To The Massachusetts Marijuana Ballot Question
Author: Shira Schoenberg
Contact: MassLive
Photo Credit: Seth Perlman
Website: MassLive
