The Massachusetts state Legislature has announced its overhaul of the ballot question legalizing recreational marijuana, which was passed by voters in November.
The new bill includes many changes to the original referendum, including raising the tax on marijuana from 12 percent to “up to” 20 percent.
The most controversial part of the new law is a provision that determines which towns can ban retail marijuana shops and facilities. The new law says that, in communities that voted no on the ballot question, local officials can make the decision about banning shops and facilities. In communities that voted yes, that decision must be made by voters.
Critics say this split is unconstitutional. But Senate President Stan Rosenberg disagreed.
“According to our attorneys, they say it does pass constitutional muster,” Rosenberg told Boston Public Radio. “If it is challenged, the Supreme Court will make that decision.”
The convoluted structure of the provision is the result of an ideological split between the ballot question as it was passed by voters and the first version of the marijuana law overhaul as passed by the House. In the ballot question, only voters can decide which towns ban pot shops and facilities. The House version leaves it up to local officials.
“It worked,” Rosenberg said. “We have a bill. It’s going to the Governor’s desk.”
credit:news.wgbh.org
