Head of Massachusetts marijuana regulation agency suggests that two ballot initiatives that would effectively criminalize recreational cannabis could threaten tax revenues that are used to fund substance abuse treatment programs and other public programmes.
Travis Ahern (Executive Director of the Cannabis Control Commission, CCC) said recently in a Talking Joints Memo interview that although the agency does not generally “advocate specifically for or against policy as it pertains to a referendum question”, the state’s cannabis law which would be overturned by the proposed changes has contributed meaningfully to valuable social service.
A budget report that included a review of the commonwealth’s cannabis industry demonstrated “the good that has come out of the funds—the revenue received through cannabis, the success of cannabis taking over cranberries as the number one cash crop, and tax revenue over alcohol,” he said, noting that a portion of those funds have supported agencies that “deal with substance abuse.”
It’s funding programs at different state agencies. That is great. I think it answers a lot of people who may be looking at the future ballot question on should we recriminalize and saying, ‘Well, the good that’s coming out of cannabis revenue.’ “It’s not likely that people will want to stop using cannabis.”
“I am happy to have the other options that could lead us in this direction, even if we might have to remain quiet.” Ahern stated that the ballot proposal is “mostly” where the country stands. As someone who has voted in favor of legalization, I believe this to be the most important guiding principle.
I have no problem with people who drink alcohol. “I have nothing against people who like alcohol. “I cannot explain, in terms of public policy, why alcohol is legal but adult-use marijuana cannot,” said he. “It doesn’t follow logic.” “I believe the people of Massachusetts are in agreement with me.”
Last month, Massachusetts Attorney General Andrea Joy Campbel certified two ballot measures to criminalize marijuana.
Caroline Cunningham has spearheaded the efforts to eliminate the commercial adult market and maintain patient access to the medical cannabis program while continuing to permit lawful recreational marijuana possession for up to 1 ounce. Cunningham had previously been involved in the fight against the psychedelic ballot initiative, which voters rejected at the end of 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.
Decriminalizing possession is more than an ounce, but not exceeding two ounces. Violations are subject to $100 fines. Adults can continue to give cannabis without compensation.
This proposal repeals provisions that were approved by voters in California’s marijuana law, which allows commercial cannabis retail and adult access to products regulated.
Also, the right for adults to cultivate marijuana at home will be removed.
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 standard measured or metered portions.
The Attorney General’s Office prepared summary summaries of the proposed measures last month, in addition to certifying the measure was consistent with the constitutional requirements regarding ballot placement.
The summary for the first version of the marijuana initiative reads:
“The proposed legislation would alter the amount and type of marijuana which can legally be owned in Massachusetts. This is done by repealing Massachusetts’ laws that regulate and tax retail sales of recreational adult marijuana. It would allow those 21 and over to have up to 1 ounce of marijuana, including 5 grams of concentrate. They could also gift or give 1 ounce of marijuana to someone 21 and over. 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 years old a civil offense punishable with a fine of $100, forfeiture, completion of an education program on drug abuse, community service and notifying their parents of the crime and the penalties.
A proposed Massachusetts law would limit the potency of products made from medical marijuana. These products could not contain marijuana that is more potent than 30% THC.
The law proposal would permit currently licensed businesses that sell adult recreational marijuana, to expedite their application to become licensed dispensaries of medical marijuana and to continue to offer the remainder of their inventory. 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 accept the proposal or come up with a suitable substitute. In the event that they don’t, the organizers will need to gather 12,429 valid signatures of voters to place the measure on the election 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. Over the last decade, the marijuana market has grown and evolved. Massachusetts officials have reported adult-use marijuana sale of more than $8 Billion as at June.
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Regulators are also working to finalize rules to allow for a new cannabis consumption lounge license type, which they hope to complete by 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.
Last month, 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.
Massachusetts lawmakers approved recently a law to create a pilot project for the controlled therapeutic use psychedelics. Two committees held separate hearings on psilocybin related measures.
Side Pocket Images. Photo by Chris Wallis.
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