“The industry can’t afford to sit this out… National trade groups, operators and investors should help fund and coordinate local opposition now.”
Dentons, Joanne Caceres & Hannah King
Two under-the-radar signature drives in New England could become the biggest political test for cannabis legalization in a decade—and the industry is largely ignoring them.
Maine and Massachusetts have organized groups collecting signatures to repeal the laws against adult use of cannabis.
Maine filed an initiative petition on September 9 just hours before filing deadline to repeal Maine’s provisions that allowed for commercial cultivation, manufacture and sale of adult-use marijuana. In September, Massachusetts’ attorney general’s offices certified two initiatives petitions entitled “An Act to restore a Sensible Cannabis Policy” that would repeal the majority of adult-use commercial framework in the state.
In the event that either Massachusetts or Maine succeeds in collecting enough signatures to qualify for the ballot, the voters of those two states will be asked to vote on the issue at the general elections in November 2026. These initiatives would represent the first real attempt to rollback legalization in the United States through direct democracy.
Yet, industry’s response has been to collectively shrug.
This is a dangerous error. Two reasons should make cannabis traders and trade associations who don’t operate on these markets take note of what is happening.
1. Maine and Massachusetts will be the test case for a repeal campaign on a national level.
The same way that cannabis reform was started at the polls, opponents of the law are using this method to reverse the change. The groups behind these New England petitions aren’t random moral crusaders—they’re politically connected, message-disciplined and testing the waters for something bigger.
Once they have qualified a repeal in Maine or Massachusetts they will be able to apply the same strategy to states with initiative-driven laws like Oklahoma, Missouri Arizona and Florida. They are larger markets with active prohibitionists and public safety organizations that can be mobilized.
A single victory in repeal would have a catastrophic political impact. The national discussion would shift from “When will federal reform come?” to “Is legalization in retreat?” It would flip the national conversation from “When will federal reform arrive?” to “Is legalization on retreat?”
Even a shift in perception could be enough to set back the movement by years.
2. Any repeal victory will have a chilling effect on capital in all places.
Capital is the biggest problem facing cannabis today. The institutional investors are cautious. Debt is costly and the investor sentiment is fragile.
Imagine the message sent to investors, if political reversibility of legalization is proven. Risk premiums on cannabis assets will skyrocket. There would be a significant pullback by many service providers, including insurers and lenders. M&A activity—already tepid—could stall. Even for cannabis companies that are successful, a negative impact on M&A activity could have a devastating effect in a year when many large corporations face a steep debt-cliff.
Confidence underpins the capital market. Confidence is eroded far beyond New England if a state reverses legalization. The squeeze will affect companies that only operate in the Midwest or West Coast.
This is a situation that the industry cannot afford to ignore.
As of yet, the majority of major operators are still on the fence, thinking that repeal campaigns won’t succeed. It is not wishful thought that will determine whether a ballot initiative succeeds or fails, but rather early and well-organized narrative work. The voters are more likely to listen if the public debate is dominated by those who accuse cannabis of social problems.
National trade groups, operators and investors should help fund and coordinate local opposition now—not after the repeal measures qualify. It means building coalitions, conducting polls, engaging the media, and educating grassroots. To protect legalization, the same tactics that were used in its initial passage must be repeated.
Two decades have been spent by the industry in a battle for legitimacy. Even if one state is lost, the prohibitionists can use that as a talking-point to claim legalization failed.
Maine and Massachusetts may seem like distant, regional skirmishes—but they could define the next chapter of cannabis reform nationwide.
It is important to note that you should not ignore the repeal attempts at all costs.
Hannah King and Joanne Caceres are Dentons partners who work in the Cannabis Group.
Philip Steffan is the photographer.