MA: Legal Marijuana Cleared With Certification Vote

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Voting to certify the Nov. 8 election results, the Governor’s Council on Wednesday cleared the way for legalization of adult possession and use of marijuana in Massachusetts on Thursday, as well as home-growing aspects of the ballot question law.

Unregulated sale of marijuana will still be illegal, the drug is still illicit under federal law, and public use of marijuana is prohibited.

But starting Thursday, the ballot law permits one person to grow up to six plants for personal use, and allows for up to 12 plants per household. Adults 21 and over will be able to give one another up to one ounce of marijuana as a gift and they can possess up to 10 ounces of pot in their own home.

Governor’s Councilor Jennie Caissie had sought a recorded vote on the marijuana ballot question, saying she could not vote to certify the election results legalizing the intoxicating plant. Caissie’s motion was seconded by Councilor Michael Albano before the council took a voice vote to certify all results of the state elections, including ballot questions.

After the voice vote Caissie argued there should be a roll call on the marijuana ballot question, and Lt. Gov. Karyn Polito called a recess. She called the meeting back to order several minutes later and confirmed that all of the results had been certified. Albano, who said he disagreed with Polito’s "interpretation," then withdrew his second.

The ballot question passed with 1,769,328 votes in favor and 1,528,219 votes against, according to the official tally.

"I cannot in good conscience certify Question 4. This is not about respecting the voters of Massachusetts. This is about life and death," said Caissie, an Oxford Republican. Saying marijuana is a gateway to heroin, Caissie said, "I will not vote today to destroy more lives."

She added, "I can’t stand here and say I will certify a vote to put more drugs on the streets of Massachusetts, to deprive a generation of its future, to make it available for teenagers and young adults so it can be bantered around on the streets of the Commonwealth so young children can see it."

Governor’s Councilor Robert Jubinville, a Milton Democrat who believes officials should consider decriminalizing other illegal drugs, argued there is no evidence marijuana is responsible for any deaths.

"Alcohol seems to have a much harder effect on society and people’s lives," Jubinville said.

A defense attorney and former State Police trooper, Jubinville said he had never smoked marijuana but he hopes to at some point in his life. He said it is the council’s "duty" to certify the results of the election.

Councilor Christopher Iannella said he had "no idea" why the council was arguing about the merits of the question that was decided by voters.

Some had expressed concern that the results would not be certified before Thursday’s effective date for certain aspects of the law. Additional provisions of the law establishing a regulatory structure for the legalized retail sale of marijuana will take longer to implement.

Legislative leaders are considering potential changes to the voter law, which could emerge for consideration in 2017.

Low-level pot dealers will likely escape law enforcement scrutiny when the cultivation and gifting of marijuana becomes legal on Thursday, Senate President Stan Rosenberg said Tuesday, raising the possibility of legislating new, reduced limits on the amount of the intoxicating plant that can be legally grown.

"I suspect it’s not going to be easy to have zero tolerance, even though that should be the law," the Amherst Democrat told WCAP. "If somebody happens to walk out their house with six joints in their pocket, and just happens to bump into somebody who they give the six joints to, and they happen to put $10 on the table, or whatever it is – that may not be easy to ferret out."

News Moderator: Katelyn Baker
Full Article: Legal Marijuana Cleared With Certification Vote
Author: Andy Metzger
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Photo Credit: Sam Doran
Website: Wicked Local Beverly