MA: Maynard Police Weigh In On Enforcing New Marijuana Law

Katelyn Baker

Well-Known Member
Voters in Massachusetts have legalized marijuana, but it will likely be more than a year before the first pot shops open in the state.

In the meantime, there's a long to-do list for lawmakers and government officials. Following Tuesday's vote, policymakers will soon begin the process of implementing and regulating pot sales in the commonwealth, a process that could potentially see legislators alter the new law by enacting higher marijuana tax rates and adding regulations.

"I think there's a general agreement that we need to respect the will of the voters and implement this, implement it in a reasonable amount of time and also resolve some issues that are not addressed in ballot question and some that were addressed but were not best practices based on the experiences in Colorado and Washington state," said Senate President Stanley Rosenberg, one of the most prominent elected officials to support the pot legalization ballot question.

Voters on Tuesday passed Question 4 by a margin of 54 percent to 46 percent, paving the way for legalized recreational marijuana. Under the ballot question, it will be legal for adults ages 21 and older to possess and use marijuana effective Dec. 15.

It remains to be seen how much the new law will change in the coming months.

Issues remain

Among the items likely to be debated are identifying an initial funding source to implement the law, preventing drugged driving, resolving regulatory overlaps between the medical and recreational marijuana industries, enacting marketing restrictions on pot vendors and regulating the types of marijuana products and edibles allowed to be sold.

Officials including Rosenberg and state Treasurer Deb Goldberg have also suggested the proposed pot tax rate could be hiked to cover the cost of regulating the industry. The ballot question calls for a 6.25 percent sales tax and 3.75 percent excise tax on pot sales, with cities and towns having the option of imposing an additional 2 percent tax. The total pot tax of 12 percent is less than half the tax rate in Colorado.

"It's the lowest in the country," said Rosenberg, who said he'd want to see state studies on enforcement and regulatory costs before setting a tax rate.

After declaring victory Tuesday night, Jim Borghesani, the communications director for the Yes on 4 Campaign, urged supporters to stay vigilant and make sure the new law is implemented as intended, without drastic changes from state lawmakers.

While Rosenberg said some aspects of the law may be modified, he said the core intent will be respected.

"When you have a big issue of this sort on the ballot, people generally are voting on principle, not voting on every detail in the bill that's been put before them," he said.

State Sen. Jason Lewis, D-Winchester, chairs the Senate's Special Commission on Marijuana and opposed Question 4.

"We will fully respect the will of the people to legalize the use and sale of recreational marijuana in Massachusetts," he said. "I expect the Legislature and state government will move forward expeditiously to implement this new law."

When asked if he expects lawmakers to be able to adequately address their concerns while maintaining the core intent of the ballot initiative, Lewis responded, "Time will tell on that."

Enforcing the law

Maynard Police Lt. Michael Noble said the department will be updating its internal and external policies regarding marijuana.

"Much of this will rest as to how the law is written and if the legislature revises," he said.

Noble said police officers are not allowed to use marijuana for any reason, including medical issues.

The new law allows people to grow their own marijuana at home, with a limit of six plants per person or 12 per household.

Noble said enforcement of this aspect of the law would depend on how the law is written and the penalties associated with it.

"We could never go into someone's house, without a warrant, to check how many plants they are growing," Noble said. "We would need probably cause that they are growing an amount that is criminal just to obtain a warrant."

One of the biggest issues, he said, is drivers who may be under the influence of marijuana.

"The impact is yet to be determined, however research in other states has shown that when marijuana is legalized there is a significant increase of DUI due to marijuana," he said.

The will of voters

The ballot measure calls for the creation of a three-member Cannabis Control Commission, which will oversee licensed pot retail shops. Under the ballot measure, commission will publish regulatory frameworks by Sept. 17, 2017, with the first marijuana shops opening as soon as Jan. 1, 2018.

Question 4 faced opposition from several prominent lawmakers and state officials, prompting legalization backers to voice concerns that legislators could potentially alter portions of the measure significantly.

"The important task in front of us is implementing the will of the voters and creating safe, legal access to marijuana by adults," said Whitney A. Taylor, political director of the American Civil Liberties Union of Massachusetts. "We must ensure that elected officials who opposed Question 4 do not use their influence to dismantle, hinder, or reject what the voters demanded on Election Day. The ACLU of Massachusetts is dedicated to ensuring the will of the voters is implemented and that we do not allow political biases to interfere with the job entrusted to elected officials."

Under the ballot measure, any community that wants to ban or restrict pot shops would need to hold a townwide vote. Medical marijuana dispensaries will get the first shot at applying for commercial retail licenses. Additionally, adults will be able to legally grow their own marijuana, up to six plants per person or 12 per household.

Gov. Charlie Baker, who opposed the legalization of pot, said in a statement early Wednesday morning that he would work with various stakeholders to carefully implement the new law while protecting "communities and families."

House Speaker Robert DeLeo, another prominent opponent of marijuana legalization, is pledging to collaborate with other political leaders throughout the process.

Many other elected officials who opposed the ballot question are taking a similar approach.

"The people have spoken, and I think the Legislature will be careful in acting because we don't want to overturn the will of the people," said state Sen. Vinny deMacedo, R-Plymouth, who opposed legalizing marijuana. "I really don't know what the sentiment of the Legislature will be to tinker with this."

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Full Article: Maynard Police Weigh In On Enforcing New Marijuana Law
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