Why The State's Highest Court Just Rewrote The Marijuana Legalization Ballot Question

Katelyn Baker

Well-Known Member
The highest court in Massachusetts is rewriting the wording of a ballot question that seeks to legalize recreational marijuana, announcing the change in a ruling issued Wednesday morning.

The same day proponents for marijuana legalization submitted signatures to put the measure on the ballot, the Massachusetts Supreme Judicial Court said that the ballot language was misleading and needed to be changed.

The ruling addresses two separate lawsuits - 59 voters who filed a suit along with Josephine Hensley, and another 63 voters that filed a suit along with Matthew John Allen - challenging the legality and wording of the ballot.

"We conclude that both the Hensley plaintiffs and the Allen plaintiffs have identified fundamental flaws in the title and one-sentence statements that require our revision," the court said, referring to two lawsuits filed against the ballot language.

The court said the title of the ballot, "marijuana legalization" will be changed to read "legalization, regulation and taxation of marijuana." The court has also ordered that the language to the "yes vote" be changed to specify that the law would legalize not just marijuana but edible products as well.

The new language will state that "a yes vote would allow persons 21 and older to possess, use, and transfer marijuana and products containing marijuana concentrate (including edible products) and to cultivate marijuana, all in limited amounts, and would provide for the regulation and taxation of commercial sale of marijuana and marijuana products."

The court said it considered issuing an order to amend the statement, but given the July print schedule of the ballot, "there is simply not time".

Though the language will be changed, the court said the ballot was fair and would move forward.

"We are pleased the SJC has recognized that this ballot question would usher in an entirely new marijuana edibles market and that voters must be informed of that fact," said Corey Welford, a spokesman for the opposition called a Safe and Healthy Massachusetts. "Under this proposal, the marijuana Industry would be allowed to promote and sell these highly potent products, in the form of gummy bears and other candies, that are a particular risk for accidental use by kids."

Despite the language change, the ballot's proponents also saw the court's decision as a win.

"The court issued a victory for the voters of Massachusetts today, assuring that their voices will be heard on the issue of legalizing, regulating and taxing marijuana, an approach that is working in Colorado and other states and will work in Massachusetts," said campaign communications director Jim Borghesani, in a statement. "The SJC also approved a title change that accurately reflects the intent of our initiative."

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Full Article: Why The State's Highest Court Just Rewrote The Marijuana Legalization Ballot Question
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Contact: Boston Business Journal
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