By Duke London

 

After Massachusetts passed Question 4 on Nov. 8, residents rejoiced as the Commonwealth became the first state in New England to legalize marijuana for adult use. But it didn’t take long for the shiny glimmer of legalization to wear off, as some Massachusetts lawmakers immediately went to work on dismantling the monumental legislation.

First, a handful of the state’s top lawmakers used strategic scheduling tactics to pass a major amendment to Question 4 at the close of 2016 while most politicians were on holiday. The modification to the recreational legalization law delayed the scheduled opening of retail cannabis shops by six months, from January 1 to July 1, 2018. Legalization advocates were furious that the state would move so quickly against the will of the voters by changing the bill that passed.

“We are very disappointed that the Legislature has decided to alter Question 4 in an informal session with very little notice regarding proposed changes,” said Jim Borghesani, who was instrumental in the Question 4 campaign.

Borghesani also said he and the rest of the legalization effort are “willing to consider technical changes to Question 4 so that the new law is implemented in a timely and responsible manner. However, our position remains that the measure was written with careful consideration regarding process and timelines and that no major legislative revisions are necessary.”

Unfortunately, the tinkering didn’t end there for the law formerly known as Question 4.

Massachusetts Senator Jason Lewis filed legislation on Friday that would even further dismantle adult-use marijuana laws in the state. Lewis introduced dozens of bills for approval that would, if passed, change nearly every aspect of Question 4 that voters approved.

Some of the major changes that Lewis is proposing include slashing the amount of cannabis an adult can possess within their own home from ten ounces to two, how many plants can be grown at home, and halting the sale of concentrates and edibles for two additional years. The slew of proposed bills do not only infringe on the will of the Massachusetts voter, but they also greatly expand the power of local government in the matter which could set a dangerous precedent nationwide.

“I think that when the voters voted on Nov. 8, they voted to make it legal and safe to possess, use, purchase, sell, and to grow marijuana, including in their own homes,’’ Sen. Jason Lewis told the Boston Globe. “I don’t believe that people were voting on things like whether you should be able to home-grow three plants, or six plants, or 12 plants, or whether the marijuana tax rate was 3.75 percent or 5 percent or 12 percent.”

“It’s in everybody’s best interest, including the advocates,” Lewis said, “that we do this right in Massachusetts and we do this in a way that is safe and that protects public health and safety.”

While the initial delay on retail marijuana shops gave Massachusetts marijuana advocates plenty of cause for concern, this new round of prospective legislation is igniting a fiery rage within the cannabis community.

“Many of the bills filed by Senator Lewis show little respect for the 1.8 million Massachusetts voters who decided to end prohibition in the Commonwealth,” said Jim Borghesani. “These proposals go too far in unwinding the will of the people and provide further evidence that Senator Lewis, who was a leading opponent of Question 4, would be an inappropriate choice to chair the proposed special committee on marijuana.”

If you have been paying attention to the Question 4 debate in Massachusetts since its inception, Sen. Jason Lewis may be a familiar figure. The Democratic Senator was staunchly opposed to Question 4 while the bill was being debated ahead of November’s vote, his antagonistic approach isn’t shocking to many marijuana advocates.

“I am opposed to the likely ballot question because this is the wrong time for Massachusetts to go down this road, and a commercial, profit-driven market is the wrong approach to take,” the Senator said before voters passed recreational legalization in November.

However, not all of the bills Sen. Lewis proposed on Friday were met with outrage. Some of these proposed changes are likely to garner support from both sides of the legalization argument.

Some of the additional proposals brought forth by Sen. Lewis for consideration:

• Conduct a research study that would observe the economic and social impact of marijuana legalization in the Commonwealth.
• Tougher restrictions on packaging, including mandates that all containers be gray and opaque. The marijuana packaging must utilize a child-lock and contain no cartoon characters or other marketing that may appeal to kids.
• Create educational campaigns that teach children the dangers of using marijuana using marijuana tax revenue.