Massachusetts marijuana: What’s legal?What’s not?

Marijuana in Massachusetts is legal for people that are 21 years old and older, but it’s not that simple. There are laws and regulations limiting where you can smoke it and how much you can have or grow. For the basics, we pulled information from Mass.gov’s site, and listed them here:

“You can’t use marijuana in any form (smoking, vaping, edibles, etc.) in public or on federal land.”

For more on this law, here’s an excerpt from The Cannabis Control Commission:

“No, you cannot smoke adult use marijuana in a place where you are prohibited from smoking tobacco and you cannot consume adult use marijuana in a public place. The civil penalty is up to $100. See Penalties for Violations. Cities and towns may pass bylaws or ordinances authorizing exceptions in certain areas for social consumption.”

“You can have up to 1 oz on you and up to 10 oz in your home.”

For more on this law, here’s an excerpt from The Cannabis Control Commission:

“In your home, you may possess up to 10 ounces of marijuana and any marijuana produced by plants cultivated on the premises. Any amount of marijuana or marijuana products over one ounce kept within your place of residence must be secured by a lock.  Failure to keep marijuana and marijuana products in excess of one ounce locked up within the home may be punished by a civil penalty of up to $100 and forfeiture of the marijuana.”

“You can grow up to 6 plants in your home, and up to 12 plants for 2 or more adults.”

For more on this law, here’s an excerpt from The Cannabis Control Commission:

“Yes. The law allows an individual over 21 years of age to grow up to six plants in their home. If there are other individuals over 21 years of age living in the residence who wish to grow, the maximum number of plants that may be grown in a residence is 12 plants. The plants must be grown in an area that is equipped with a lock or security device. The plants cannot be visible from a public place without the use of binoculars, aircraft or other optical aids. An individual cannot produce cannabis-based extracts or concentrates at home by means of any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees Fahrenheit. See Home Cultivation and Manufacturing.”

“If you have more than 1 oz of marijuana in your home, it has to be locked up. But it’s best to keep any amount locked away to keep kids and pets safe.”

“Like alcohol, you can’t have an open container of any form of marijuana in the passenger area of your car while on the road or at a place where the public has access. It must be stored in a closed container in your trunk or a locked glove compartment.”

“It’s illegal to drive under the influence of marijuana. If you use, don’t get behind the wheel. Instead, use public transportation, ride-shares, or catch a ride with a sober friend.”

For more on this law, here’s an excerpt from The Cannabis Control Commission:

“Like alcohol, you may not have an open container of adult-use marijuana/marijuana products in the passenger area of your car while on the road or at a place where the public has access. An “open container” includes a package with its seal broken or a package from which the contents have been partially removed. The “passenger area” does not include a trunk or a locked glove compartment. The 2017 Act does not change the existing penalties for operating a car if you are impaired by the use of marijuana or marijuana products. You are strictly prohibited from consuming marijuana while operating a car. For specific information, see MGL c.90 § 24.”

“Employers, landlords, cities, and towns may have their own policies about the use of marijuana. Check with them to see what is legal.”

 

Michigan Senate votes to ban marijuana beer

Lansing — The Michigan Senate on Thursday voted unanimously to ban marijuana-infused beer and wine, a pre-emptive strike ahead of possible legalization of the drug. Legislation sponsored by Sen. Rick Jones, R-Grand Ledge, would prohibit the possession or sale of marijuana beer, wine, spirits or mixed drinks — regardless of whether they contain alcohol.

The former Eaton County Sheriff said he was inspired to draft the legislation after hearing about similar products in places like Colorado, where Blue Moon’s brewer recently announced it would launch a non-alcoholic beer infused with marijuana.

“If we don’t ban it, we’re going to have it, and it is a recipe for disaster,” Jones said. “If you want it, go to Colorado or Canada. We don’t need it here.” Marijuana advocates say the proposal is a solution in search of a problem, but approval comes as Senate Republicans consider whether to take up a pot legalization proposal by early June or let the citizen initiative advance to the November ballot.

Jones opposes legalization but believes voters would approve the proposal, so he supports a push to adopt the legislation and then amend it later this year. The Senate is unlikely to vote without a clear sign House Republicans would follow suit, a scenario Speaker Tom Leonard, R-DeWitt, has called unlikely. Jones warned that marijuana beer could be sold at bars, creating liability for owners who sell an “edible” product that may take longer to intoxicate a user than alcohol and have a stronger effect. Bars are not supposed to allow patrons to leave and drive if they appear inebriated. But the legalization proposal would not allow bars to sell marijuana products, said Josh Hovey, a spokesman for the Coalition to Regulate Alcohol Like Marijuana. The drug could only be sold through state-licensed dispensaries, which would need to be stand-alone entities. “So once it passes, people won’t be seeing bars or liquor stores, or even convenience stores for that matter, selling cannabis products — just dispensaries,” Hovey said.

Communities would also need to opt in and could set their own zoning and local licensing regulations, he added.

Still, Jones predicted recreational marijuana could open the door to unexpected products the state has never before considered regulating.

“When the November ballot passes … bar the door, it’s going to be the wild, wild West,” Jones told reporters after Thursday’s state Senate vote on marijuana beer. Hovey disputed that characterization, saying the legalization proposal would create a “highly regulated licensing structure just like the medical marijuana system the Legislature passed in the fall of 2016.”

That law, passed with bipartisan support in the Republican-led Legislature, created new regulations separate from the medical pot law approved by voters in 2008.

“We followed the licensing structure almost to the letter,” Hovey said.

The only difference, he said, is licensing would be processed by the Michigan Department of Licensing and Regulatory Affairs rather than the “politically appointed” Medical Marihuana Licensing Board.

Kevin Sabet, president of the Smart Approaches to Marijuana advocacy group, praised the Senate legislation. Marijuana beer presents a “double whammy” because it’s appealing to kids and is dangerous, he said.

“It should not be legal for medical use or recreational use,” Sabet said.

If Michigan voters see a legalization proposal on the ballot in November, they won’t just be voting on marijuana, Sabet said. “They’re voting on things like (marijuana-infused) candies, ice cream and cookies. Those are very attractive to kids.” Michigan’s 2008 medical marijuana law does not allow bars or liquor stores to sell marijuana products, and dispensaries are not allowed to sell liquor, said Rick Thompson of the Michigan chapter of the National Organization for the Reform of Marijuana Laws.

“This seems a lot like a rhetorical legislative exercise because this bill would effect zero people in Michigan,” Thompson said last week in committee testimony. “There’s zero market for this.”

Thompson argued the proposal could also limit entrepreneurs who want to brew beer with Cannabidiol and other parts of the marijuana plant used by medical patients that do not have the same psychoactive effects like Tetrahydrocannabinol, or THC, the chemical commonly associated with a “high.”

Ontario, Canada, recently awarded a $300,000 grant to help a firm develop marijuana-brewed beer, and California wine makers are experimenting with marijuana-infused wine, according to media reports.

“I’m so happy that instead of becoming stoners in Michigan, they’ll go to Canada or they’ll go to California,” Jones said at the hearing. “Thank goodness.”

Ban on recreational marijuana businesses heads to Huntington Beach council

Huntington Beach zoning amendment that would prohibit the sale and distribution of non-medical marijuana by businesses will be considered by the City Council on Monday. The amendment also would regulate the cultivation of recreational marijuana. The Planning Commission voted 6-1 in late July to recommend approval, with Commissioner Dan Kalmick dissenting on grounds that he believes the city is devoting a large amount of resources to regulating a “boogeyman.” According to the Huntington Beach Police Department, non-medical marijuana businesses and deliveries could have negative effects such as an increase in robberies, thefts and burglaries, a city staff report states. The department says cities that have non-medical marijuana businesses have seen increases in arrests related to driving under the influence, according to the report. Proposition 64, which voters statewide passed in November, allows people 21 and older to use and cultivate non-medical marijuana, with stipulations granting local governments the ability to ban recreational marijuana businesses and regulate cultivation. Under the Huntington Beach amendment, outdoor cultivation of recreational marijuana would be illegal. Indoor cultivation would be restricted to private residences in an enclosed area, according to city documents.

 

Delaware House panel approves marijuana legalization bill

DOVER, Del. – (AP) – A bill legalizing the recreational use of marijuana in Delaware has cleared its first legislative hurdle.

The legislation, which was released Wednesday by a House committee and now goes to the full House for a vote, regulates and taxes marijuana in the same manner as alcohol.

The bill doesn’t allow people to grow their own marijuana but allows adults over age 21 to legally possess less than an ounce of marijuana for personal use.

The legislation would create a commission to regulate, license and tax the marijuana industry, allowing licenses for up to 40 retail stores.

Consumers would pay an excise tax of $50 an ounce, while businesses would pay an application fee of $5,000 and a $10,000 licensing fee every two years.

Vermont legislature approves recreational marijuana use

A measure legalizing marijuana use in Vermont cleared the state’s legislature on Wednesday.

Vermont Gov. Phil Scott (R) has said the legislation is not “a priority for Vermont” and has not made a final decision as to whether he will sign it. The measure makes Vermont the ninth state to legalize recreational marijuana use among adults and the first to legalize through a legislative process. Other states have approved recreational marijuana use through ballot initiatives.

“Vermont lawmakers made history today,” said Matt Simon, the New England political director for the Marijuana Policy Project, a marijuana policy group. “The legislature has taken a crucial step toward ending the failed policy of marijuana prohibition.” Eight states and the District of Columbia have legalized the possession and use of marijuana, though each state has its own rules and regulations. For example, in Washington — one of the first states to legalize pot — only individuals using the drug for medical purposes can grow it, though any adult is allowed to possess and use it.

In Washington, D.C., marijuana can be used and “gifted,” but not bought, sold or exchanged for other goods or services.

Marijuana use is illegal according to federal policy, and President Trump’s opposition to legalization has created uncertainty for some states seeking to regulate the industry.

If signed by the governor, the Vermont measure would remove civil penalties for possessing one ounce of marijuana or less and would allow adults to keep up to two mature pot plants. It would also create a commission to develop a plan for taxing and regulating the drug.

LANSING – MICHIGAN 

Lansing — The House Judiciary Committee touched off a new effort to legalize dispensaries and edible forms of cannabis for medical marijuana patients Tuesday, sending three new bills to the House floor for consideration. 

The bills, containing tighter rules than in failed 2014 proposals and an 8-percent excise tax on gross retail income of provisioning centers, is a compromise plan designed to overcome law enforcement opposition.

A voter-approved medical marijuana law that took effect in 2008 doesn’t specifically mention dispensaries or edible marijuana products, whose legality has been clouded by Michigan Supreme Court and appeals court rulings in recent years. Lawmakers are trying to pass legislation that clarifies the law. Rep. Mike Callton, who negotiated the compromises, called his main legislation “a bill we all can live with.” Callton, R-Nashville, told the committee the 8 percent tax and a mandatory system for tracking all forms of pot — from production to consumption — are key new provisions. Those proposals drew objections from advocates for less-onerous regulations as well as from Democratic Rep. Jeff Irwin of Ann Arbor, a committee member who tried unsuccessfully to have them removed from the bills.

Irwin argued making medical marijuana purchases too burdensome or costly would increase the chances some would be diverted illegally to non-medical users.

“It will drive people to the black market,” added Frank James, who runs a Gaylord nutrition supplement and natural health store that also offers marijuana flowers. “People who come into our dispensary need a place to go other than the streets,” James told the committee.

Ken and Alice Szymoniak, of the tiny Presque Isle County town of Millersburg, told the committee that technically illegal cannabis oil has given Alice back a normal life. Ken Syzmoniak, a car dealer, said they tried marijuana after years of desperation.

Alice, who contracted fibromyalgia while recovering from a severe 1998 vehicle crash they were in, had such intense pain that for years they were lucky to be able to even spend an hour having a meal at a restaurant, Ken Szymoniak said.

She’s now pain-free, off prescription opiates and can engage in normal activities, including jet skiing with their grandchildren, the couple said.

“It was our only way of surviving,” Ken Szymoniak said. “It absolutely changed our life. We’re starting to travel again.” He said he became a state-licensed caregiver for four medical marijuana patients to offset the cost of growing the plants he needs for his wife. “I don’t understand everything that’s in the bills,” he said, “but I support making (cannabis) oils legal.”

The proposed 8 percent excise tax would be in addition to Michigan’s 6 percent sales tax, also collected on cannabis items. Its revenues would offset regulatory and law enforcement costs involved with dispensaries and new medical marijuana products.

Provisions of the bill package also call for a state Medical Marijuana Licensing Board to oversee the new rules. There would be five kinds of state licensees — grower, processor, provisioning center, secure transporter and safety compliance facility.

Chances the bills will pass are uncertain, but more promising than a year ago.

“Too soon to say at this point, as not everyone has had a chance to review them yet,” said Gideon D’Assandro, spokesman for House Speaker Kevin Cotter, R-Mount Pleasant. “But I think most people realize there are problems with the recent law that need to be fixed.”

Amber McCann, press secretary for Senate Majority Leader Arlan Meekhof, R-West Olive, said the GOP majority will decide its fate in caucus discussions. “At this point there is not a push within the caucus for this issue,” she added.

Callton said the bills would need a simple majority vote to pass in each chamber because they aren’t amending the 2008 medical marijuana act.

Meanwhile, two groups are circulating petitions to initiate a new state law that would legalize marijuana for nonmedical, personal use. The measures would go on the November 2016 ballot if enough signatures are gathered and the Legislature doesn’t act on the proposals.

Delaware Senate to discuss decriminalization bill 

UPDATE:

June 18, 2015

The Delaware Senate approved a bill 12-9 that will eliminate criminal penalties and jail time for adult possession of a small amount of marijuana. Under current Delaware law, adults found guilty of marijuana possession face a maximum punishment of a $575 fine and three months in jail. They also get a permanent criminal record. The new law makes possession a civil offense, punishable by a fine of up to $100 with no possibility of jail time, much like a traffic ticket.

Original article Below!

June 15, 2015

          Legislation to decriminalize possession and personal use of small amounts of marijuana heads to the Senate floor on Thursday, with an amendment expected that could send the legislation back to the Delaware House of Representatives. As written, the legislation, sponsored by Rep. Helene Keeley, D-Wilmington, would allow Delawareans to possess up to an ounce and use marijuana privately without facing criminal sanctions. Criminal penalties would be replaced with a civil $100 fine. An amendment expected in the Senate would reduce the amount of marijuana subject only to civil penalties to half of an ounce. The legislation cleared the Senate Judiciary Committee on Wednesday.

Law enforcement groups have forcefully opposed the legislation.But a representative from the Delaware Police Chiefs’ Council said the group will not actively oppose the bill if lawmakers adopt the amendment.

The House passed the decriminalization measure earlier this month. Gov. Jack Markell has indicated he will sign the legislation.

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