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Massachusetts would recriminalize recreational marijuana sales under 2026 ballot initiatives being reviewed by Attorney General

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The attorney general of Massachusetts has published dozens of proposed initiatives for the 2026 ballot—including a pair that would roll back adult-use marijuana legalization in the state.

Before a deadline set for Wednesday, the office of Andrea Joy Campbell, Attorney General (D), released all 47 petitions submitted by 19 organizations. Each petition will be reviewed to determine whether they are legally valid.

The two marijuana measures, which would eliminate the commercial adult-use market while maintaining patient access under the medical cannabis program and continuing to allow lawful possession of up to an ounce of recreational marijuana, is being spearheaded by Caroline Cunningham, who previously fought against a psychedelics legalization ballot initiative that voters ultimately rejected 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.

Also, the right for adults to cultivate marijuana at home will be eliminated.

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, standard-delivered servings, of at least 5mg of THC”, and concentrates with more than 20 metric or measured servings.

The Attorney General’s Office will certify all proposed ballot initiatives and provide final summaries after determining if the initiative is in compliance with the constitutional requirement for placement on the ballot. This allows the proponents of each initiative to begin collecting signatures.

The secretary of state will require 74,574 valid signed by registered voters. A separate process for certifying the signatures is then initiated.

We will have to wait and see if cannabis measures are approved. The legalization was approved by voters in 2016 and the sales started two years after. In the past decade the cannabis market has evolved and expanded. Massachusetts officials have reported adult-use marijuana sale of more than 8 billion dollars as recently as last month.

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MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon subscribers who donate at least $25/month have access to the interactive maps and charts, as well as our hearing calendar.


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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.

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 provided the photo.

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