Search Results for "massachusetts"

Spiky green leaves stick out from partly matured cannabis buds in this Washington state licensed cannabis cultivation center.

Massachusetts House & Senate Approve Conflicting Legalization Bills

6/23/2017

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Massachusetts’ two legislative bodies passed conflicting bills regarding adult-use cannabis this week. The House bill would overrule the wishes of state voters, while the Senate bill seeks only minor adjustments to the state’s voter-approved legalization initiative.

The House bill seeks to repeal and replace the state’s voter-approved legalization bill with a much stricter adult-use cannabis regime. The bill was temporarily pulled last week following pushback from cannabis advocates; however, according to a Boston Globe report, the bill’s rework — which was approved by lawmakers in a 126-28 vote on Wednesday — would still more than double the voter-approved initiative’s tax rates and would change the rules regarding local bans on the industry.

The House bill would raise cannabis tax rates from the voter-approved maximum of 12 percent to 28 percent and would allow officials to enact local bans or moratoria on the industry (under the original initiative, such a move is only possible following a majority vote by local voters).

The Senate bill, however — which was approved in a 30-5 vote by state senators on Thursday, according to a report by NECN — would keep the voter-approved initiative intact and would instead adjust how the state oversees the recreational and medical cannabis markets.

“We should not repeal and replace … we should amend and improve,” Sen. Patricia Jehlen, co-chair of the Legislature’s Marijuana Policy Committee, said on Thursday. “That is what this bill will do.”

“We need to try to restore some trust in government by not overriding the will of the people,” Jehlen added.

Lawmakers now must seek a compromise over the conflicting bills, which will be handled via a special conference committee made up of three senators and three representatives.

Legislative leadership has announced plans to send a bill to the governor’s desk by July 1 — any later than that may jeopardize Massachusetts‘ recreational cannabis regime’s planned launch date of July 1, 2018.

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Massachusetts House Speaker Pulls Rec. Bill for ‘Clean Up’

6/16/2017

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Massachusetts House Speaker Robert DeLeo pulled the recreational cannabis bill from consideration yesterday, following pushback from advocates that the proposal would, in fact, raise cannabis taxes 56 percent, according to a MassLive report. On the surface, the bill appeared to double taxes on recreational cannabis products from 12 percent to 28 percent; however the measure adds a 21.75 tax from wholesaler to retailer, and 28 percent from retailer to customer – totaling 56 percent including state sales taxes.

In an interview with reporters following his decision, DeLeo said the bill needed a “clean up” but did not specify that it was being pulled over the tax concerns of advocates. He said the legislation, which he called “terrific,” would be taken up next week.

“I think it’s important that with a bill of this magnitude that we try to get it right, or as close as right the first time,” De Leo said. “So I’d rather do that than…try to rush it.”

Jim Borghesani, spokesman for the Yes on 4 campaign, which backed the ballot initiative in the state, said the bill was written in a “rapid and sloppy” manner and only “encourages the illicit market.”

The legislation was crafted behind closed doors by the House Marijuana Policy Committee.

“The House bill, they set out to improve what was passed in November – they did the exact opposite. This is a much weaker regulatory system that they put forward,” he said, adding that he believes the compounding tax structure was a mistake. “It’s the worst example of Massachusetts lawmaking. What we’ve seen is a bill that was written in the dark, behind closed doors. Not even the members of the committee knew what was in the bill.”

Rep. Mark Cusack, who is credited with authoring the legislation, defended the measure, saying that his goal was “to get this right for the commonwealth, and the people, and the industry.”

The Senate could decide to write their own version of the legislation and work with the House on a compromise measure to send to Gov. Charlie Baker. The July 1, 2018 target date for adult-use sales remains intact.

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The Massachusetts Statehouse in Boston, Massachusetts — the state's largest and capital city.

Massachusetts Lawmakers to Vote on Changes to Voter-Backed Cannabis Law

6/14/2017

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Massachusetts lawmakers are expected to vote Thursday on a bill that would more than double the total tax on adult-use cannabis sales and give municipal officials the power to ban cannabis business operations rather than local voters, according to a Boston Globe report. The bill would raise the tax from 12 percent – as approved by voters – to 28 percent.

The core of the measure would remain intact. Adults 21 and older would still be permitted to possess, purchase, and consume cannabis, and grow up to 12 plants per household. However, the voter-approved bill had called for a 3.75 percent state tax and a 2 percent local-option tax on top of the state’s 6.25 percent sales tax. The proposal by Rep. Mark Cusack, a Democrat, raises the state-imposed cannabis tax rate to a whopping 16.25 percent, paired with a mandatory 5 percent local tax and the 6.25 percent sales tax. Medical cannabis sales would remain untaxed.

“The voters voted to allow people 21 years of age and above to be able to access a regulated and safe marketplace. That is exactly what this bill does,” Cusack said in the report. “The ballot question is fundamentally flawed.”

Additionally, the legislation would strip Treasurer Deborah Goldberg of her cannabis industry oversight, restrict some edible products, and set limits on cannabis advertising.

The proposal drew the ire of advocates and state Sen. Patricia Jehlen, co-chair of the marijuana committee, who said the tax rate and the changes to how municipalities can ban cannabis operations undermine the will of the voters.

“Both will preserve the illicit market,” she said.

The measure moves to remove Goldberg’s power over a three-person Cannabis Control Commission and instead would add two chairs to the commission appointed by public officials. The treasurer, the governor, and the attorney general would each appoint a commissioner. The other two would be appointed by a majority vote of the three.

The House will likely vote on the bill tomorrow, and if approved it will head to the Senate. Legal sales are still expected to begin July 2018.

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A slice of pizza with a large, indoor cannabis cola.

Massachusetts Dispensary Offering Cannabis-Infused Pizza

6/08/2017

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A medical cannabis dispensary in Quincy, Massachusetts is now offering a cannabis-infused frozen pizza to their patients, using flavorless liquid cannabinoids in the sauce and ingredients, FOX6NOW reports.

Seth Yaffe, director of operations for Ermont who previously spent 20 years in restaurant management, said the “bar pie” makes medicating “less scary” for some patients “and less a reminder of what they’re psychologically trying to distance themselves from.”

“A lot of our top sellers right now are olive oil, honey, peanut butter — things our patients can use to do their own cooking at home,” Yaffe said in the report. “We’re working on a vegan mayonnaise right now that patients will be able to put on a sandwich.”

Like other medical cannabis products, the pizza is clearly labeled with dosages and packaged in a ways that’s tamper-proof and child-safe. The label indicates the pizza contains 128.98 milligrams THC, 12.75 milligrams CBD, and 3.14 milligrams CBC. According to an Associated Press report, Ermont charges $38 for the 6-inch pies. Yaffe said the dispensary has sold about 200 in three weeks.

The pizza is currently only available in cheese but patients can choose to add their own toppings before tossing it in the oven.

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A cigarette butt and several unsmoked cigarettes next to an ashtray.

Tobacco Lobby Pushing for Onerous Rec. Cannabis Role in Massachusetts

6/07/2017

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Cigarette wholesalers in Massachusetts are seeking to gain a foothold in the state’s nascent recreational cannabis industry, asking state regulators to require cannabis producers to sell all their products through them, according to a Boston Globe report. The wholesale companies argue that they already have the technology and know-how to safeguard products, making diversion more difficult.

Paul Caron, director of the Northeast Association of Wholesale Distributors, a tobacco trade group, said association members are “willing to collect all the taxes on behalf of the state and stamp any marijuana product being distributed for sale.”

“Rather than reinvent the wheel, let’s use the most successful, proven encrypted tax stamp program we have: the one assigned to cigarettes,” he said in the report.

Jim Borghesani, communications director for the Yes on 4 campaign, which led efforts to legalize cannabis for adult use in the state, said the “last thing” Massachusetts needs is “another three-tiered commerce system that gouges consumers and enriches middlemen.” He pointed to cannabis-specific systems utilized in other state programs as evidence that a three-tiered system is unnecessary.

If the tobacco companies get their way, Massachusetts’ cannabis industry would look similar to the state’s alcohol industry – wherein alcohol must pass through a wholesaler before making it to bars and package stores where it’s sold.

Will Luzier, another Yes on 4 official, said if the tobacco lobby gets their way, “dispensaries would have to sell the product they grew as a cultivator to these distributors, and then buy it back from them as a retailer on the other end.”

“I don’t see any sound public policy reason why it’s important to do that, other than to benefit the tobacco industry,” he said.

Caron, a former state legislator, has made the pitch to his former colleagues and Treasurer Deborah Goldberg, who will oversee the Cannabis Control Commission. Caron has also lobbied to be appointed as one of the three members of the commission.

A state Treasury official, who was unnamed in the report, indicated regulators are skeptical of Caron’s proposal because the system that handles tobacco products, SICPA, would likely not be a great tool for cannabis products – which aren’t as uniform as packs of cigarettes and subject to daily price fluctuation.

Recreational sales are expected to begin in Massachusetts the summer of 2018.

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A stone fence on a grey day in Cambridge, Massachusetts.

Massachusetts Municipalities Passing Rec. Business Bans Despite Local Support

6/02/2017

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At least 81 Massachusetts communities have considered or already established restrictions on the nascent recreational cannabis industry, using moratoriums, zoning regulations, or outright bans to stem industry operations, WCVB-5 reports. According to the report, 33 towns in which voters favored legalizing cannabis for adult use in last year’s General Election have taken steps to bar cannabis business operations.

In total, 25 municipalities have enacted outright bans, and six of those voted in favor of legalization. Another 46 have enacted moratoriums; and voters in 27 of those communities approved legalization plans. Five other communities have imposed zoning regulations on cannabis businesses, and four of those towns voted in favor of legalization. Three other cities are considering actions to restrict recreational cannabis operations.

In December, one month after voters in the state approved the adult-use ballot question by a narrow 3.6 percent margin, state lawmakers moved to delay the opening of retail dispensaries from January to July 2018. A House and Senate Committee on Marijuana Policy was convened in February that could re-write portions of the law over concerns about public safety, tax structure, and the number of plants allowed in home grows.

In March, the legislature approved $300,000 for the implementation of the regime. The state Department of Revenue has estimated that the legal cannabis market could generate as much as $64 million in tax revenues during its first year.

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Massachusetts Lawmakers Approve $300K for Adult-Use Rollout

3/29/2017

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The Massachusetts Legislature has approved $300,000 for the roll-out of the state’s adult-use cannabis program; however, according to the Springfield Republican report, the money was put in an executive fund run by the Executive Office of Administration and Finance, rather than under Treasurer Deborah Goldberg – who is tasked with creating and supervising the Cannabis Control Commission.

According one of Goldberg’s aides, she cannot spend the money until it is released from Administration and Finance, meaning the program’s implementation will be delayed until the treasurer’s office receives the funds.

“This funding is critical to the continued and timely implementation of Question 4,” Goldberg wrote in a letter to Secretary of Administration and Finance Kristen Lepore requesting the funds’ transfer to a reserve account in her office for the Cannabis Control Commission. “Without sufficient resources, I am concerned that the Commonwealth may not be able to meet the various extended deadlines required by (state law).”

Sarah Finlaw, a spokeswoman for the Executive Office for the Administration and Finance Department, said the agency is “going to work with the treasurer’s office and transfer the funds over to them.”

The funds were included in a supplemental budget signed by Gov. Charlie Baker yesterday.

On Monday, the Massachusetts Department of Revenue released an analysis estimating that the legal cannabis market in the state could reap $64 million in state tax revenues in its first year. Sales are expected to begin on July 1, 2018.

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Flower medical cannabis product at the National Holistic Center in Washington D.C.

Massachusetts Committee Likely to Re-Write Adult-Use Law

2/21/2017

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Democratic lawmakers have been tabbed to re-write Massachusetts’ adult-use cannabis law, in what could be another setback for the initiative approved by voters last November. According to a WWLP report, the House and Senate Committee on Marijuana Policy aims to make significant changes to the law, due to concerns about public safety, the tax structure, and the number of plants allowed in home grows.

State Sen. Pat Jehlen, a supporter of legalized cannabis, will work with House vice-chairman Rep. David M. Rogers, Senate vice-chairman Sen. Jason M. Lewis, and Rep. Mark Cusack on re-writing the law. Cusack has not taken a public position on the issue but said in an interview with the Boston Globe that he would follow the will of the voters.

“I think the will of the voters is they wanted recreational marijuana, not that they sat there and read every word of the ballot measure before they voted for it,” he said in the interview. “It was really: Do you want it or do you not?”

Jehlen said the committee would seek out experts from other states with adult-use markets, and hold hearings throughout the state.

“I don’t think the voters were expressing deep engagement with every single sentence,” she said. “But I think the concept of allowing people to own and use and grow marijuana legally, that is what is our mandate, to protect that.”

The committee is expected to provide their recommendations to Republican Gov. Charlie Baker – who opposed the measure – by June.

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View looking up from the floor inside of a licensed cannabis grow operation in WA.

GTI Massachusetts Files Dispensary Application in Holyoke

2/06/2017

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GTI Massachusetts NP Corp., has filed an application to bring Holyoke, Massachusetts its first medical cannabis dispensary, according to a report from MassLive. The plan would see the facility opened on the second floor of a building in a general industry zoning district, of which the first floor is currently occupied by an electronics company.

According to a letter from attorney John J. Ferriter on behalf of GTI Massachusetts, the facility would provide 25 to 30 full-time jobs with benefits, and tax revenues in its first year of operation.

“Why we chose Holyoke? Easy answers. Great access to a quality labor force. Close to our other dispensary location in Amherst,” Kadens said in the report. “Lots of quality and affordable industrial space. A supportive mayor.”

GTI’s Amherst dispensary is not yet open; however the report indicates that it is expected to start operating sometime this year.

According to the paperwork filed by Ferriter on behalf of GTI Massachusetts, the proposal furthers the purpose of Holyoke’s Urban Renewal Plan, as the 43,000 square foot location is “currently vacant and underutilized.”

“Such a development will both provide increased tax revenue to the city and municipal fees to city departments, as well as a conscientious and attentive community partner,” Ferriter wrote in the letter.

Holyoke Mayor Alex Morse has expressed strong support for his city hosting the legal cannabis industry and is encouraging potential growers to consider setting up shop in the city’s vacant textile mills which take up more than 1.5 million square feet of space.

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The Massachusetts state flag.

Flurry of Cannabis-Related Proposals Introduced in Massachusetts

1/26/2017

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There are at least 30 bills relating to cannabis in the Massachusetts legislature – some expanding the scope of November’s voter-approved initiative, while others would greatly limit it, according to a Wicked Local report.

Democratic State Sen. Jason Lewis is leading the charge against the regime, filing several bills ranging from reducing the personal possession and home-growing limits to curtailing advertising.

The Lewis-sponsored SD.1826 would reduce the number of flowering plants per person from six to three, and from 12 per household to six; while reducing the 10-ounce in-home personal possession limit to 2 ounces. The bill would also allow local governments to ban home-growing altogether. SD.1823 would require that cannabis businesses only advertise to customers who explicitly opt-in, requires cannabis product labels to carry a public health warning akin to tobacco, and prohibits coupons, free samples, discounts, distribution of branded merchandise and “other promotional activities.” SD.1843 also aims at creating onerous marketing and packaging regulations, establishing rules that would see all packaging “opaque,” “colored grey,” “devoid of cartoon characters or bright colors” and child-resistant.

Another proposal, SD.1833, would direct the state Department of Health Commissioner to “investigate the effects of marijuana and marijuana products with high [THC] potency” and make a recommendation whether to limit the potency of cannabis products sold in the state. In another agency directive, SD.1838, the secretary of Energy and Environmental Affairs, and Energy Resources commissioner would make recommendations for energy and water use efficiency for licensed cultivators. SD.1820 gives municipalities more local control but bars any town or city from outlawing cannabis transportation.

Another bill, SD.1821, would allow retailers to only sell flower for the first two years while the Cannabis Control Commission determined what other products will be permitted in the adult-use market. However, another measure, SD.1836, which would allow for people convicted for possession up to 1 ounce to petition for an expungement of that charge, was also among Lewis’ legislative blitzkrieg on the state’s new cannabis law.

Lewis’ fellow Democrat state Sen. Cynthia Creem introduced legislation, SD.500, which would eliminate mandatory minimum drug sentences, capping Class A felony drug punishments at “10 years in a jail or house of correction for not more than two-and-a-half years” for the first offence, and 15 years in state prison for a second, with fines not to exceed $10,000 and $25,000 respectively. Those times and fines would be reduced as the class and weight of the drug is reduced.

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The Massachusetts capitol building in Boston.

Massachusetts Lawmakers Quietly Pass Bill Delaying Adult-Use Market Rollout

12/29/2016

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During an informal legislative session lawmakers in Massachusetts have approved a bill that will likely delay the opening of retail dispensaries in the state from January to July 2018, according to a Boston Globe report. The measure will not have any impact on portions of the law permitting possession and home-growing which have already taken effect.

The measure was only voted on by about a half-dozen state legislators and has already been sent to anti-legalization Gov. Charlie Baker, who called the delay “perfectly appropriate.”

Jim Borghesani, an activist who worked with the Yes on 4 campaign, said that the measure, approved by 54 percent of voters during November’s General Election, “was written with careful consideration regarding process and timelines and that no major legislative revisions are necessary.”

“We are very disappointed that the Legislature has decided to alter Question 4 in an informal session with very little notice regarding proposed changes,” he said in the report.

The passage of the measure in the Senate took less than a minute, with just two of the chamber’s lawmakers present for the vote – Democratic Senate President Stanley C. Rosenberg, and Republican Minority Leader Bruce E. Tarr. Passage in the House was even faster, and with Democrat Paul Donato presiding, just five members passed the bill “in seconds,” the report says.

“The Legislature has a responsibility to implement the will of the voters while also protecting public health and public safety,” Rosenberg said. “This short delay will allow the necessary time for the Legislature to work with stakeholders on improving the new law.”

Colorado was able to draft regulations and rollout their recreational market in the amount of time specified under the version of the bill passed by Massachusetts voters.

Baker has 10 days to either veto the bill or sign it into law.

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Slot machines inside of a 21+ casino.

Public-Use and No-Smoking Policies Prohibit Cannabis in Massachusetts Casinos

11/23/2016

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Cannabis use will not be permitted in Massachusetts casinos, due to language in the law that bars public-use and the fact that casinos are already non-smoking establishments, according to a MassLive report. The Gaming Commission is, however, trying to determine whether the law will have any impact for casinos operating in the state.

“That’s a very big change in the cultural, social and possibly economic landscape,” Commission Chairman Stephen Crosby said in the report. “We should think about whether there are any implications for that for our operations.”

Crosby says, specifically, that the commission needs to address questions about whether guests at casino-owned hotels would be allowed to use cannabis in rooms that permit smoking — an issue that could be addressed by the state Legislature if they amend the law, which is likely.

The commission plans on reaching out to regulators in other legal states that have both legal cannabis and casinos, such as Colorado, Nevada, and Oregon. They also plan on asking for feedback from casino license-holders and having a public comment period on the potential regulations.

The Treasurer’s Office is responsible for overseeing the implementation of the program and could choose to devise rules clarifying the matter without relying on lawmakers.

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Young marijuana plant budding under a grow light.

Home-Growing Provisions of Massachusetts Legalization Law to Take Effect as Scheduled

11/18/2016

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In 28 days the portions of Massachusetts’ adult-use cannabis law take effect that allow individuals to grow their own cannabis, drawing concerns from current medical cannabis licensees about the potential quality and safety hazards, according to a State House News Service report.

“There’s a lot of soul searching that needs to occur to make sure this is done properly,” Nicolas Vita, CEO of Columbia Care, which has three medical cannabis licenses in the state, said in the report. “We’re sort of in a very grey zone here where we don’t really know what’s going on.”

Under the current medical cannabis law, products are tested for mold, mildew, non-organic pesticides, and heavy metals before they are sold in dispensaries. The home-grow allowance is part of the law that kicks in on Dec. 15, which also includes possession of up to 1 ounce by adults 21 and older outside of their homes, 10 ounces inside. Adults will be able to grow up to six plants and gift up to 1 ounce of cannabis to another adult.

Gov. Charlie Baker, who opposed the initiative, said that the Dec. 15 date was “one piece of the 6,000-word ballot question” that “a lot of people understood out of the gate.” He said it’s not likely that the legislature would meet before it’s scheduled to reconvene in January.

“Well, you gotta remember that when the Legislature is in informal session it just takes one (lawmaker) to stop something from getting done,” Baken said. “So, I mean, as a practical matter I think it’s pretty unrealistic to assume that that wouldn’t go into effect as it’s scheduled to go into effect in December.”

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Picture of Boston, Massachusetts across a water channel.

Part of Massachusetts’ Question 4 Takes Effect Dec. 15

11/10/2016

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The most immediate effect the passage of Question 4 will have in Massachusetts is that, as of Dec. 15, adults over 21-years-old will be able to possess and use 1 ounce of cannabis and people will be allowed to grow up to 12 plants per household. Yet, retail sales are likely more than a year away, according to reports from Fox25 and CBS, as there is a lot of bureaucracy that needs to happen before legal sales commence.

On Feb. 1, 2017, Republican Gov. Charlie Baker will make his first appointments to the state’s 15-member Cannabis Advisory Board – who will develop rules and regulations for the program. The following month, Treasurer Deborah Goldberg will appoint three members to the Cannabis Control Commission — which is expected to establish the initial regulations by Sept. 15 and issue its first cultivation, manufacturer, and retailer licenses by Oct. 1.

Under the plan, existing medical marijuana dispensaries will be given preference for commercial licenses until Jan. 1, 2018. Additional licenses will be awarded via lottery.

The tax rate — set at 12 percent under the initiative — is already being debated by officials and Goldberg is pushing for the rate to be more in line with Washington at 37 percent. Baker, who has protested against any tax increases in the state, has not said whether he supported raising the tax.

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Massachusetts Marijuana Legalization Question 4 Results: Live Updates

11/08/2016

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Massachusetts is one of two East Coast legalization attempts for the 2016 general election.

Polling has shown that a majority of Massachusetts voters support the Regulation and Taxation of Marijuana Act, though the campaign faces steep opposition in the form of anti-legalization adverts and a $1 million contribution towards the anti campaign by casino mogul Sheldon Adelson. Nevertheless, advocates have out-fundraised and have hopefully out-performed their opposition throughout the year.

Check back later for updates to this post as election results come in!

Update 11:54 pm EST – Question 4 has been declared successful, with 53 percent support and 47 percent opposed, making Massachusetts the first state to legalize recreational cannabis on the East Coast.

Update 9:41 pm EST – The Associated Press via Google Election Tracker shows Question 4 polling at 52 percent in favor and 48 percent opposed with 18 percent of precincts reporting.

Update 9:02 pm EST – The Associated Press via Google Election Tracker shows Question 4 polling at 50/50 with 5 percent of precincts reporting.

Question 4, “Regulation and Taxation of Marijuana Act”

Personal possession limits: 1 ounce of flower in public, 10 ounces at home, 5 grams of concentrates in public.

Taxes: 3.75 percent excise tax, plus state sales tax. Local government can add up to a 2 percent tax.

Fees: $3,000 retail, product manufacturer, cultivator, and testing application fee.

$15,000 for retail, cultivation, and product manufacturing licenses.

$10,000 for a testing license.

Revenue disbursement: Does not specify, will be determined by commission.

VIDEO: Overview of Cannabis Initiatives

Below is a brief overview of all the different state-level cannabis initiatives on the ballot this election cycle. With nine total states voting on expanding access to cannabis, this year presents an unprecedented opportunity for legalization advocates and medical cannabis patients.

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Sign reading "Welcome to Massachusetts" on the Massachusetts state line.

Legal Cannabis in Massachusetts Could Impact New York’s MMJ Program

11/02/2016

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New York’s medical marijuana program could be disrupted if voters in Massachusetts vote ‘yes’ on the ballot initiative to legalize cannabis for adult use, according to a report by NPR-affiliate WAMC. However, because the Massachusetts law could take up to two years for implementation, sweeping changes could be made to New York’s medical program that could prevent medical refugees from crossing state lines.

Chris Alexander, policy coordinator for the New York Drug Policy Alliance, suggests that once a Northeastern state moves toward legalization, it could have “a very significant change” in the way New York legislators tackle the issue.

“The Massachusetts border an hour away from Albany, and just the impact that that will have, the challenges that will come up from New York having to deal with interstate commerce and New Yorkers leaving the state to access recreational marijuana,” he said in the report. “So it gives legislators an opportunity to see firsthand how regulations can work. Massachusetts, in observing and studying legalization, sent some of their elected officials to Colorado. I think that’s something that we should do here as well.”

At least one sheriff, Rensselaer County’s Pat Russo who has jurisdiction over the state borders, indicated that he plans on increasing patrols on the county line and on the roadways between the two states.

Assemblyman Richard Gottfried, who sponsored the state’s medical marijuana legislation, said that it’s only a matter of time until the New York legislature takes up adult-use cannabis legislation due to the support of the electorate, and if the Bay State initiative passes it “will help raise the visibility of the issue, raise the sense of it being achievable and help move the issue forward in New York.”    

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‘No on 4’ Campaign Releases TV Spot in Massachusetts

10/18/2016

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The Campaign for a Safe and Healthy Massachusetts has released its first ‘No on 4’ TV spot depicting a mother and daughter driving through a town with several dispensaries, culminating with the duo arriving at a toy store and showing the small child staring at edibles through a dispensary window — the very dispensary a young man walks out of. The young man stops in his tracks and locks eyes with the woman, saying “Mom?” as the narrator urges the viewer to vote ‘no.’

Comments on the YouTube video have been disabled.

The ad, produced by Republican consulting firm Jamestown Associates, takes on an almost dystopian tone — “Question 4 would allow thousands of pot shops and marijuana operators throughout Massachusetts — in neighborhoods like yours,” the narrator says.

The spot uses two key arguments. The first — that drugged driving and fatal car accidents are up — has been thoroughly debunked. According to a report from the Drug Policy Alliance, based on figures from Colorado and Washington, there have been “no obvious increases in traffic fatalities” after legalization and arrests for DWI are down. While it is true that more drivers involved in fatal crashes have tested positive for THC in Washington, either alone or in combination with other drugs or alcohol, there is no evidence that cannabis was a contributing factor in those incidents — and the number of so-called drugged drivers isn’t up significantly, from 44 in 2010 to 72 in 2014.

The ad’s second claim, that there are more dispensaries than Starbucks and McDonald’s combined in Colorado, is actually true. However, the language in Question 4 caps the number of dispensaries in the state to 75 the first year, and with Massachusetts much smaller than the states where cannabis is legal it is highly unlikely that dispensaries would overtake the coffee and burger chains.

“This ad has about as much connection to reality as a Donald Trump campaign speech, which should come as no surprise since it’s funded by a Trump endorser and made by a Trump ad firm,” Jim Borghesani, a spokesman for YES on 4 said in the Boston Globe report.

The initiative is likely to pass, according to our poll aggregates, where 48 percent indicate support with 43 percent opposed.

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Massachusetts Mayor Vetoes a Public-Use Ban He Recommended

9/19/2016

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Amesbury, Massachusetts Mayor Ken Gray has vetoed a public-use of cannabis ban — one he recommended to the city council — citing concerns that the ordinance did not consider medical marijuana use, according to a report from the Eagle-Tribune. The ordinance would have levied a $200 fine on anyone found using cannabis in public.

The veto comes following a public outcry during a City Council meeting where citizens expressed concerns that the ordinance could negatively affect patients using medical cannabis. The measure was recommended to Gray by police Chief Kevin Ouellet, who “didn’t have any objections” to the mayor’s veto because another version is still likely to pass after some changes. In a letter to City Clerk Bonnijo Kitchin, Gray indicated that he wasn’t vetoing the ordinance because he is opposed to its intent, but rather “to ensure without doubt that we do not inadvertently implement an enforcement mechanism that unfairly impacts patients who use these substances as necessary forms of medicine.”

“The only way that I have of slowing this thing down is to veto it, otherwise it goes into effect,” Gray said in the report. “We are not really in a huge hurry to get this done. I don’t see any reason why we have to rush to get it done. It has already taken several months, so let’s take a pause to relook at it and make sure that we are doing this properly.”     

The City Council has 21 days to override the veto or consider the ordinance rejected.

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Advocates are Out-Fundraising Prohibitionists in Massachusetts

9/12/2016

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Money is rolling into the campaigns on both sides of the Massachusetts legalization question, with the Yes on 4 campaign so far out-raising the prohibitions, Boston.com reports.

The pro-legalization camp has already raised $2.4 million in 2016 – with $2.1 million coming from the Washington D.C.-based New Approach PAC. The Campaign for a Safe and Healthy Massachusetts, the opposition supported by Gov. Charlie Baker and Boston Mayor Marty Walsh, has raised just $363,000 since its launch in the spring.

Yes on 4 has already spent the majority of its war chest on advertising, but according to their campaign finance disclosures they still have about $22,500 on-hand. The group hopes to raise $3 million before the November election.

The Campaign for a Safe and Healthy Massachusetts has about $320,000 on-hand, and the group said the difference in finances is due to out-of-state contributions.

“It is clear that the Question 4 campaign is being almost entirely bankrolled by out-of-state billionaires seeking to establish a commercial marijuana industry that will be focused on profits, not the well-being of Massachusetts families,” Nick Bayer, the campaign’s manager, said in the report.

One of the largest donors for the prohibitionists is the Beer Distributors PAC, who injected $25,000, according to the filings. Another anti-legalization campaign, Safe Cannabis Massachusetts, has raised just $300 so far.

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Massachusetts Forcing Dispensaries to ‘Pay-to-Play’

7/26/2016

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Medical cannabis dispensaries in Massachusetts are being subjected to a ‘pay-to-play’ scheme by cities and towns in order to get letters necessary to win state licenses, according to a Boston Globe review of compacts between the companies and the municipalities.

Good Chemistry of Massachusetts promised to pay the city of Worcester $450,000 over three years, and $200,000 a year after that along with $10,000 annually to charities, in order to procure the blessing from city officials. The company also has to pay property taxes and agreed never to seek a reduction or elimination of taxes due to its not-for-profit status.

A negotiation in Springfield shows that the city would get 7 percent of a prospective dispensary’s revenue, along with another $50,000 per year donation to the police department.

In Salem, Alternative Therapies Group paid $82,856 to the town after opening their dispensary, the state’s first, a year ago. That deal requires them to pay 1.25 percent of their annual sales for the first two years and 2 percent after that.  

These types of arrangements are not typical in other states with cannabis infrastructure, and advocates say the system will increase the cost of doing business in the state while siphoning money from shops that could be used to offset costs for needy patients.

Local leaders say the arrangements are necessary because municipalities will need the funds to deal with unforeseen problems with the industry, such as increased traffic and police services.

Dominick Pangallo, chief of Staff for Salem Mayor Kimberley Driscoll, said the city has experienced neither a crime nor traffic increase since the dispensary opened.

Edward M. Augustus Jr., Worcester’s city manager, said the city will use the funds from Good Chemistry for a struggling after-school and summer youth program, not for police and traffic services.

“The market will dictate at what point it is not financially viable for them to sign host agreements that are above a certain number,” Augustus said in the report. “It’s up to the companies to say that’s not sustainable.”

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Picture of Boston, Massachusetts across a water channel.

Massachusetts Court Approves Legalization Ballot Initiative

7/07/2016

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Massachusetts’ Supreme Judicial Court unanimously approved the ballot question to legalize cannabis in the state, but did force the title to be changed from “Marijuana Legalization” to “Legalization, Regulation and Taxation of Marijuana,” the Associated Press reports.

The justices said the submitted title was “clearly misleading” and also ordered changes to the wording of the “yes” statement, but found no other issues that would have forced the measure to be disqualified.

The case hinged on whether or not the proposal had mislead ballot signees by not informing them that retail edibles would be allowed under the measure. The “yes” statement will now include language making it clear to voters that concentrates and edibles would be available under the law, if enacted.

Supporters submitted more than 25,000 certified signatures to the Secretary of State, exceeding the 10,792 required for the question to appear on November ballots.

“Massachusetts voters will have their voices heard in November,” Jim Borghesani, a spokesman for the Campaign to Regulate Marijuana Like Alcohol said in the report. “Our initiative, we think, puts forth a very commonsense alternative to the failed prohibition system that exists today.”

The plan would set up recreational cannabis infrastructure, imposing a 3.75 percent excise tax on retail sales in addition to the state’s 6.25 percent sales tax. People 21 and older would be allowed to possess up to 1 ounce of marijuana for personal use.

Republican Gov. Charlie Baker and Democratic Boston Mayor Marty Walsh have publicly opposed marijuana legalization, but welcomed the court’s decision to include the language clarifying that edibles would be permitted under the plan.

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Massachusetts Legalization Campaign Submits Excess of Signatures

6/22/2016

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The Campaign to Regulate Marijuana Like Alcohol submitted more than 25,000 signatures to Massachusetts officials on Tuesday, far surpassing the 10,792 required to add a recreational marijuana proposal to November ballots, the Associated Press reports.

Under the plan, people 21-years-old or older would be allowed to possess up to 1 ounce of marijuana for personal use. Retail sales would carry a 3.75 percent excise tax, on top of the current 6.35 percent sales tax.

Jim Borghesani, spokesman for the organization, indicated that the signatures were submitted to officials well before the deadline, clearing one of the hurdles used by regulators to invalidate petitions. Having more than double the required signatures will also help to ensure they can cover any signatures are disqualified for various reasons, such as being ruled ‘stale’ – an issue advocates in Michigan are currently battling.

Republican Gov. Charlie Baker, Democratic Attorney General Maura Healy, and Democratic Boston Mayor Marty Walsh have been outspoken opponents of legalizing marijuana in the state, calling it a “gateway drug” while the state is grappling with an opioid crisis.

A lawsuit that claims voters who signed the petitions were not told the marijuana products may contain “potent” levels of THC has not yet been ruled on by the Supreme Judicial Court.     

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Dispensaries in Massachusetts Accused of Forcing Low-Income Patients onto Waitlists

5/30/2016

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At least three of Massachusetts’ six medical cannabis dispensaries have placed low-income patients on waiting lists for discounted products resulting in months-long delays, according to a review of the program by the Boston Globe.  

The report is prompting action from the state Department of Public Health, who will now scrutinize dispensary hardship programs as part of their regular inspections. Under Massachusetts’ medical marijuana law dispensaries must provide discounts for anyone with a verified financial hardship without placing caps on the number.

The dispensaries in question claimed their financial hardship programs were full.

Scott Zoback, a spokesman for the Health Department said that any dispensary found violating the law “may be required to submit a plan of correction” but did not indicate whether violators would be fined.

New England Treatment Access (NETA), who operate dispensaries in Brookline and Northampton, have pledged to make changes to their program after being asked about their use of waiting lists by the Globe.

“We are immediately removing all patients from the waiting list, placing them in the hardship program, and restructuring our current hardship program in collaboration with the state,” the company said in a statement.

NETA said they had more than 100 patients enrolled in the hardship program at both of their locations, but did not say how many people were on waiting lists.

In Good Health, a Brockton dispensary, indicated they had no waiting list and offered low-income patients 10 to 20 percent discounts.

John Hillier, executive director of Central Ave Compassionate Care, declined to say whether his Ayer location used waitlists.

“Our focus is on building a financially stable operation that is able to serve all the registered patients dependent upon us, including those who do not qualify for the program,” he said in the report.

Alternative Therapies Group, in Salem, used a waitlist until May 2 – when state regulators determined the lists were not allowed. Executive Director Christopher Edwards said he had used the waitlist until regulators adopted a “slightly different legal interpretation.”              

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Massachusetts Voters Split Over Cannabis Legalization

5/09/2016

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Voters in Massachusetts are split on legalizing recreational marijuana for adult use, according to a Suffolk University/Boston Globe poll, which found 43 percent of likely voters would support such a ballot initiative compared to 45.8 percent opposed.

Proponents lost a bit of ground in the poll released Saturday. A July 2014 poll found 48 percent were pro-legalization, with 47 percent opposed.

Fifty percent of those polled were also opposed to citizens growing their own cannabis for personal use, while 40 percent approved of the proposal.

The spike in disapproval numbers comes just two months after Gov. Charlie Baker (R), Boston Mayor Marty Walsh and state Attorney General Maura Healey penned on op-ed in The Boston Globe espousing prohibitionist rhetoric.

The state has already decriminalized marijuana via a 2008 ballot question, and has medical infrastructure thanks to a 2012 referendum. Another poll in March, by WBZ-TV, WBZ NewsRadio and UMass Amherst, found 53 percent approval for recreational marijuana, with 40 percent opposed – that poll was released just days before the article by Baker, Walsh and Healey was published.

The legalization ballot question is likely to appear on Massachusetts ballots in November. The 2004 decriminalization initiative passed with 65 percent support, and the 2012 medical cannabis initiative with 63 percent support.

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