In less than three weeks, New England will enter uncharted waters – more specifically, uncharted waters for the East Coast of the United States.
Amid President-elect Donald Trump’s pick of marijuana legalization opponent Jeff Sessions for attorney general, Massachusetts will become the first state on the East Coast to allow recreational marijuana use as the new law goes into effect Dec. 15.
That means anyone 21 or older – including Massachusetts residents and Rhode Islanders who cross the border – can legally possess and consume marijuana in the Bay State.
Acquiring the drug is another story.
The new Massachusetts law – which some officials are now scrambling to alter – will hark back to the early years of Rhode Island’s medical marijuana program when patients could grow their own marijuana, but there was no legal avenue to purchase it. Now that policy will apply to any adult in Massachusetts, although benevolent Massachusetts residents who choose to grow their own can "gift" it to other adults.
"You could still be arrested for purchasing or selling," said Jared Moffat, director of Regulate Rhode Island who also worked on the campaign to legalize marijuana in Massachusetts. "The only selling and purchasing that’s going to be allowed will be at retail stores eventually."
And in Maine, if election results stand, the situation will be similar. There, legalization passed by less than 1 percent of 700,000 total votes cast. A recount has delayed implementation of the law, likely until January.
Massachusetts and Maine are now among eight states and the District of Columbia to legalize recreational marijuana. Some industry analysts called the November election a turning point for marijuana as more liberal policies spread to the East Coast and more than half of all states – now 29 in total – have opted for medical programs.
Meanwhile Trump’s nomination of the Alabama senator as the chief law enforcement officer of the federal government has many wondering what could happen next. Marijuana remains illegal under federal law, which creates conflicts in states that have medical or recreational programs.
On the campaign trail, Trump repeatedly said he believes marijuana policy should be left up to individual states. At a Nevada rally in October 2015, he said, "If [states] vote for it, they vote for it."
Sessions, however, has been vocal about his opposition, and it remains to be seen how heavily his opinions will influence the president-elect. In a speech on the U.S. Senate floor this year, Sessions said marijuana leads to further drug use and is "causing a disturbance" in states that have legalized it.
"What if this is the beginning of another surge in drug use like we saw in the ’60s and ’70s that led to massive problems in our communities?" he asked.
Tom Angell, founder of the pro-legalization group Marijuana Majority, said that while Sessions isn’t good news for legalization advocates, he remains hopeful that Trump won’t expend time and resources trying to fight state laws.
A Rhode Island native, who as a college student was a driving force behind the state’s medical marijuana legislation, Angell said he hoped the Trump administration "will realize that any crackdown against broadly popular laws … would create huge political problems they don’t need and will use a lot of political capital they’d be better off spending" elsewhere.
For now, the next fight for Massachusetts legalization proponents is with state officials who are seeking to delay the timeline for retail pot shops to open and want to see the 3.75-percent tax rate increased.
Moffat, of Regulate Rhode Island, said the legalization campaign’s "overwhelming support" – 54 percent of voters – should "limit the degree to which the legislature feels they can change things. Whether they choose to respect the will of the voters is a separate question."
The legalization campaign contends that the mandated three-member Cannabis Control Commission to be appointed by the state treasurer should handle regulatory changes – not the Legislature.
The Boston Globe reported Friday that some legislators are also hoping to push back Dec. 15 as the date when Massachusetts residents could start growing marijuana in their homes.
MASSACHUSETTS
When does the law take effect? Dec. 15.
Can Rhode Islanders consume marijuana in Massachusetts? Yes, if they are over 21.
In public? No.
How much can you possess? 1 ounce.
Can Rhode Islanders buy marijuana in Massachusetts? No. Buying and selling recreational marijuana remains illegal for now.
When will recreational pot shops open? Scheduled for January 2018.
How much will it cost? Recreational marijuana will be taxed at 10 percent (3.75 percent excise tax, 6.25 percent sales tax).
Who can grow marijuana? Anyone 21 or older can grow six plants at their Massachusetts residence and give up to one ounce of marijuana to another adult without payment.
MAINE
When does the law take effect? 30 days after election results are declared. That hasn’t happened yet because of a recount that has yet to take place.
If the election results stand, can Rhode Islanders consume marijuana in Maine? Yes, if they are over 21.
In public? No.
How much can you possess? 2.5 ounces.
Can Rhode Islanders buy marijuana in Maine? No. Buying and selling recreational marijuana remains illegal for now.
When will recreational pot shops open? Possibly in 2018.
How much will it cost? Recreational marijuana will be taxed at 10 percent flat.
Who can grow marijuana? Anyone 21 or older can grow six plants at their Maine residence.
News Moderator: Katelyn Baker
Full Article: The Catch-22 Of Legal Pot In Mass. – You Still Can’t Buy, Sell It
Author: Jennifer Bogdan
Contact: 401-277-7000
Photo Credit: Steve Szydlowski
Website: Providence Journal
