Massachusetts Lawmakers Call for Changes to Marijuana Legalization Law
BOSTON, MA For over a decade, lawmakers in Massachusetts have balked at the opportunity to legalize marijuana, passing over their chance to craft their own version of a law on Beacon Hill.
But now that voters have approved a citizen-written referendum to make marijuana legal in the Bay State, some lawmakersaresaying the voter approved law, as written, does not give the state enough time to set up the appropriate oversight for the new recreational marijuana industry, calls for taxes that are too low, and doesnt do enough to keep legal pot out of the hands of minors.
We probably need to agree to extend the implementation date, so we can take an in-depth look at how the ballot question was written, House majority leader Ronald Mariano (D-Quincy) told the Boston Globe last week.
Legalization proponentsarguethat the state legislature has already had more than enough time to take a look at the language of theballot measure, which was filed with the state legislature last year, as required by law for ballot measures, as House Bill 3932.
The language of the ballot question was filed in the House as H3932 nearly a year ago, says Northampton attorney Dick Evans, who authored the bill.That some lawmakers have not found the time to read it is not a deficiency of the law.
Under Question 4, which was approved by voters 54 to 64 percent, retail sales of marijuana in Massachusetts would begin in January 2018, giving the state all of next year to establish regulations and issue licencing. Other parts of the new law would take effect sooner, including making it legal for adults 21 or older to possess up to an ounce of marijuana and grow six plants at home, both of which become legal on December 51, 2016.
But lawmakers, many of whom opposed Question 4, say that isnt enough time to implement the law and craft a new industry from scratch. This is in stark contrast to the state of Oregon, where voters in 2014 approved a similarly written referendum to legalize marijuana, which also garnered 54% approval.
Even though Oregons voter-approve lawgave the state a similar timelineto implement Measure 91 as Massachusetts regulators have to implement Question 4, lawmakers in Oregon wanted people to get used to buying marijuana legally, and quickly passed legislation that allowed recreational sales to begin in less than a year.Starting October 1, 2015, medical marijuana dispensaries were allowed to sell limited amounts of marijuana to anyone 21 or older, even if they were not medical marijuana patients. Those sales were tax-free until January 2016.
Lawmakers also claim the tax on retail marijuana sales, once they begin, is too low. As approved by voters, retail marijuana sales would be subject to an additional 3.75% sales tax on top of the states 6.25% sales tax, making the state-wide tax rate 10% on sales. Local communities would be allowed to add on an additional 2 percent, bringing the maximum possible tax on marijuana sales to 12 percent.
The rate was set at 12% on the advice of Coloradans, who found that their higher level (around 25%) sustained the black market, Evans ...
