The smoke hasnt yet cleared, and some municipal officials in the region arent too happy with that regulatory haziness.
With weeks before marijuana use becomes legal in Massachusetts, municipal officials in a number of surrounding communities find themselves scrambling to enact local regulations governing pot sales.
Because guidance from state officials is forthcoming, as new regulatory bodies have yet to even be appointed, one of the most common approaches being considered on the municipal level is the passage of a temporary moratorium on retail sales and distribution.
This is something we should consider and do as quickly as possible, because right now we have nothing on the books, said Burlington Planning Board Chairman Barbara LHeureux, during a meeting right after state elections on Nov. 8.
Under a ballot referendum question overwhelmingly passed by voters during the state elections earlier month, recreational cannabis use in Massachusetts becomes legal on Dec. 15. However, a regulatory structure surrounding pot possession, as well as what has proven a multibillion dollar distribution and sales industry in states like Colorado, has yet to be established.
Eventually, recreational marijuana sales will be regulated and taxed in the state in a manner similar to alcohol. Communities will presumably be allowed to restrict the placement and operation of those businesses through zoning code and bylaw amendments, but its still unclear how restrictive those measures can be.
As a result, local officials in communities like Burlington and Stoneham are considering whether to act now to institute a temporary ban on pot sales, while other community leaders, such as those on the Woburn School Committee, are examining what implications the passage of Question 4 will have on zero-tolerance drug policies for students, employers, are volunteers.
Even Mass. State Treasurer Deborah Goldberg, whose office is responsible for overseeing the collection of marijuana shop tax revenues and licensing fees, has called for some flexibility in meeting timelines under the new state law.
I think we really need to be reasonable, the state treasurer reportedly commented during a press conference days after the state election. I think we should take the time to do this correctly.
Since the passage of Question 4, Goldbergs office has made it clear retail sales and the issuance of state licenses for the cultivation of marijuana and manufacture of so-called pot edibles will continue to be prohibited until at least Jan. of 2018.
However, personal recreational use of the drug, already decriminalized in the state, becomes legal much sooner.
Legal first and regulated later
The issue with new state law largely surrounds the establishment of a regulatory scheme surrounding the retail and distribution industry, which will be enacted by a three-member Cannabis Control Commission. Those state officials, to work under the state treasurers office, will in turn be consulted by a larger 15-member Cannabis Advisory Board.
However, appointments to those panels isnt expected to begin until at least Dec. 15, the exact date that all citizens aged 21 and older in the state will be allowed to possess up to 10 ounces of marijuana in their primary residence.
Massachusetts residents, beginning on Dec. 15, will also be allowed to cultivate up to six plants each – or a dozen per household – and its unclear what restrictions, if any, local governments can enact regarding that provision of the new law.
Earlier this month, during a meeting in Stoneham Town Hall, Selectmen Caroline Colarusso expressed significant concern about the legalization of the drug, which is still deemed by the federal government as an illegal Schedule 1 substance, the same classification given to drugs like heroin and LSD.
Colarusso, referring to an opioid epidemic that has claimed seven lives and led to at least 43 life-threatening overdoses in Stoneham in 2016, is particularly concerned about the proliferation of marijuana use amongst local children and teens.
Officials in other towns have questioned whether pot use will become widespread in public with a new lax attitude towards the drug. Other issues, many of which will be weighed by the states control board, surround what types of advertising and marketing restrictions will be enacted, once retail sales become legal.
Even before the ballot question passed, the Woburn School Committee began studying whether new rules needed to be enacted to ensure students arent exposed to the drug, even though use of pot remains illegal for those under 21. Amongst other questions, the education officials questioned whether changes are needed to the districts zero-tolerance drug policies for employees, who must pass a drug test in order to be hired.
Last October, the Woburn school officials also wondered whether the legalization of pot would undo existing prohibitions on carrying the drug in school buildings, at sporting events, and for field trips.
It was thought that new regulations might need to be promulgated to prohibit the use and possession of the drug on school properties.
Ultimately, the Woburn officials determined central office administrators had sufficient protections in place.
There are rules in place, that we dont oversee but the administration does, in terms of what can be brought on campus. Its our understanding all of these issues are covered by administrative rules, said Woburn School Committee member Dr. John Wells.
Confusion is not just limited to the public sector, as a number of private employers have also questioned what changes, if any, need to be made to workplace policies.
According to Matthew Pappas, who operates a drug screening and workplace policy consulting business in Woburn, he foresees private companies running into issues with an uptick in marijuana use, especially since many workers are under the mistaken impression that they can now smoke or ingest the drug without recourse.
Pappas, of East Woburn’s ARCPoint Labs, explained that businesses may indeed start looking the other way when it comes to marijuana use amongst employees, but he also sees a number of companies, particularly those in the construction or public safety industries, as having a vested interest in ensuring its labor force is drug-free.
According to the local businessman, whose East Woburn firm conducts drug and DNA testing for companies and individuals, he is advising his clients to set the record straight immediately governing their workplace drug policies.
Theres nothing in the statute that prevents an employer from not hiring a candidate or firing an existing employee who tested positive for marijuana, said Pappas, whose company also conducts employment background checks and corporate wellness program consulting.
I think in general, you will see an increase in the prevalence of people smoking marijuana. Employers should take a look at their existing policies and examine whats in there. Its always important to make sure your drug policy is up to date.
News Moderator: Katelyn Baker
Full Article: What’s Next For Legal Cannabis?
Author: Pat Blais
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