MA: Dueling Pot plans Offered

Ron Strider

Well-Known Member
Marijuana users won't be able to legally buy weed for another year, but proposed changes to the state's new pot law could affect how much they pay for it and what cities and towns have to do to ban retail shops.

Dueling bills were approved by the House and Senate this week, and lawmakers will huddle in coming days to reconcile differences and pass a compromise bill in the next week. The House passed its version on Wednesday, the Senate the following day.

Taxes are a big sticking point.

Under the voter-approved law, marijuana sales would be subject to a 3.75 percent state excise tax and a 2 percent local tax – in addition to the state's 6.25 percent sales tax.

The Senate bill maintains the tax rate on pot sales at 12 percent. The House version boosts the levy as high as 28 percent.

Lawmakers who support a higher tax levy say the extra revenue is needed to cover regulation and enforcement, and to help prop up a chronically strained state budget.

"It's in no one's interest to implement and to regulate this new marketplace on a shoestring budget," said Rep. Mark Cusack, D-Braintree, Tuesday after introducing the bill on the House floor. Cusack was co-chairman of the Legislature's Marijuana Policy Committee.

But the higher tax rate in the House bill prompted a backlash from marijuana activists who say it will drive users to underground pot markets.

"The tax rate is irrational and will give drug dealers the ability to undercut the legal market," said Jim Borghesani, a spokesman for the Campaign to Regulate Marijuana Like Alcohol, which pushed legalization. "Question 4 was written specifically to eliminate the black market."

Other changes

The House and Senate also differ on local control of the sale of marijuana. The House bill allows local officials to ban marijuana sales, while the Senate would leave those decisions to voters. The voter-approved law says cities and towns can only ban marijuana sales with a locally adopted referendum.

Both bills would slightly alter the makeup of the Cannabis Control Commission, a state agency that will regulate marijuana.

The voter-approved law called for a three-member panel appointed by the state treasurer, but most lawmakers want a five-person board consisting of members named by the treasurer, attorney general and governor.

The legal marijuana law, which passed last November with nearly 54 percent of the vote, allows adults 21 and older to possess up to an ounce of pot in public and 10 ounces at home, and to grow up to a dozen plants on their property.

It allows retail sales and growing facilities, which are expected to open next year.

But state leaders, who argue that the law was written by the marijuana industry, say there needs to be strict rules on the cultivation, sale and marketing of pot products.

Both Beacon Hill proposals restrict marketing and advertising of marijuana products, with strict bans on TV, radio, and billboard advertising that targets underage users.

Sen. Pat Jehlen, D-Somerville, who co-chaired the marijuana committee, said the Senate's version "maintains the voters' will and implements a safe, regulated, and legal market."

"This legislation takes important steps to shrink the black market, promote a diverse and responsible industry, and establish strong health and safety protections, especially for our youth, while respecting the will and intent of the voters," Jehlen said.

Not surprisingly, marijuana supporters favor the Senate's more hands-off approach.

Borghesani said the Senate's proposal is "closer to the will of the voters." But many of the rules in both bills are onerous, he said, such as a requirement that anyone working in the commercial marijuana industry undergo a national background check.

Next week, House and Senate leaders will appoint six members to a committee to work out the differences between the bills and come up with a final version.

Lawmakers have given themselves a July 1 deadline to get a final bill on Gov. Charlie Baker's desk for consideration.

Baker hasn't said which version he supports.

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News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Dueling pot plans offered | Local News | gloucestertimes.com
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It really is disgusting how arrogant the Ma. State legislature is to disregard the will of the people. To be upset that the law was written by some industry group? How dare that some industry group write a law before the legislators could take bribes, err, I mean campaign contributions.
 
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