The attorney general of Massachusetts has certified and prepared summaries for dozens of proposed 2026 ballot initiatives—including a pair that would roll back adult-use marijuana legalization in the state.
On Wednesday, the Attorney General Andrea Joy Campbell’s (D’s) office announced that 44 of the 47 proposals submitted met the requirements set forth in the State Constitution for measures initiated. These may now proceed to the second step and appear on November’s ballot next year.
Caroline Cunningham has spearheaded the efforts to pass the two marijuana initiatives, which will eliminate the commercial adult market and maintain patient access to the medical cannabis program while continuing to permit lawful possession up to 1 ounce recreational marijuana. Cunningham previously battled against the psychedelic ballot initiative, which was ultimately defeated by voters last year.
Under the new measures—titled “An Act to Restore A Sensible Marijuana Policy”—adults 21 and older could still possess up to an ounce of cannabis, only five grams of which could be a marijuana concentrate product.
In the event that a person is found in possession of a quantity greater than an ounce, but not exceeding two ounces, they will be subjected to a fine of $100. Adults may continue to exchange cannabis among themselves without payment.
The proposal would repeal provisions of the voter-approved state marijuana law which allow commercial cannabis retailers to operate and adults access to regulated product.
The right of adults to grow cannabis in their homes would be abolished.
The initiative comes in two different versions. They’re largely identical—except that one would set THC potency limits on medical marijuana, requiring the Cannabis Control Commission (CCC) to prohibit flower in excess of 30 percent THC and concentrates over 60 percent THC or that have more than 5mg THC per metered serving. The Cannabis Control Commission (CCC) would have to ban cannabis concentrates which “fail clearly to provide metered, measured, standard-delivered servings”, of at least 5 mg of THC, and concentrates with more than 20 metered/measured servings.
Campbell, in a statement to the press said: “I am proud of our citizens’ civic engagement. They have filed an unprecedented 47 ballot initiative petitions.” My office evaluates each petition based on the strict criteria set out in Article 48 our state constitution. We cannot consider our personal opinions or any other constitutional factors outside Article 48 when making a decision about petition certification.
The Attorney General’s Office also prepared summary summaries of the proposed measures. This was in addition to verifying the measure is consistent with the constitutional requirements regarding ballot placement.
Summary of first marijuana initiative:
The proposed law will change what type of marijuana can be legally possessed by adults in Massachusetts. It does this by repealing laws which legalize, tax, and regulate the sale of recreational marijuana to adult consumers in Massachusetts. A proposed law will also allow persons over 21 to own up to an ounce (or less) of marijuana in any form, but not more than five grams. This includes the ability to give or sell 1 ounces or less to another adult who is 21 or older. A $100 fine and marijuana forfeiture would be imposed by the proposed law for possession of marijuana weighing between one and two ounces.
The proposed law will make possession of less than 2 ounces of marijuana by persons under 21 an infraction punishable with a fine of $100, forfeiture, and completion of drug education programs and community service. Parents or guardians would also be notified of the crime and the penalties.
This proposed law will impose a new limit on the potency of products sold as medical marijuana in Massachusetts. It would prohibit: marijuana flowers with a potency greater than 30% THC, marijuana concentrates for inhalation after vaporization, combustion, and with measurable servings exceeding 5mg THC, marijuana concentrates with a potency above 60%, concentrated medical marijuana products which do not clearly indicate if they are delivered in standard servings or have standardized measurements of 5mg THC, and marijuana concentrates that
This proposed law allows currently licensed adult marijuana businesses to quickly apply to become licensed medical marijuana dispensers and sell the remaining adult marijuana inventory to these medical marijuana dispensers. The proposed law retains the Cannabis Control Commission, but modifies its powers so that it will only regulate the medical marijuana markets.
If any part of the proposed law is declared invalid, all other portions will remain in force.
“The proposed legislation would come into effect on 1 January 2028.”
This second summary contains the same information as version 1, but does not include the paragraph about potency limitations.
To ensure that either of the measures will appear on the ballot in November 2026, supporters must first submit 74,574 valid voter signatures by December 3rd. In the event that enough valid signatures were submitted, then the legislation would be notified. They have until the 6th of May to enact or substitute the proposed law. Otherwise, the organizers must collect an additional 12,429 valid voter signatures in order to get the measure onto the ballot.
We will have to wait and see if cannabis measures are approved. In 2016, voters approved the legalization of cannabis, and sales began two years later. In the past decade the cannabis market has evolved and expanded. Massachusetts officials have reported adult-use marijuana sale of more than $8 Billion as recently as last month.
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Regulations also work to create rules that will allow for new types of cannabis lounge licenses, and they aim to have them completed by the end of October.
Separately, in May CCC launched an online platform aimed at helping people find jobs, workplace training and networking opportunities in the state’s legal cannabis industry.
This week, the Joint Committee on Cannabis Policy of the legislature approved legislation to protect marijuana users from discrimination in the workplace and to expand the medical cannabis program by including post-traumatic disorder (PTSD), and opioid addiction disorder.
State lawmakers have also been considering setting tighter restrictions on intoxicating hemp-derived products and a plan to allow individual entities to control a larger number of cannabis establishments.
Also in Massachusetts, legislators who were working on a state budget butted heads with CCC officials, who’ve said they can’t make critical technology improvements without more money from the legislature.
Philip Steffan is the photographer.
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