Plenty of work to be done with recreational marijuana

Nov. 23, 2016 | G. Michael Dobbs
news@thereminder.com

WEST SPRINGFIELD – The legislators who were interviewed by Reminder Publications at the annual legislative reception hosted by the Springfield Regional Chamber were in agreement about the passage of the recent ballot question about recreational marijuana: there is much work that needs to be done.

While voters approved the legalization of the recreation use of cannabis, the mechanics of how the substance is going to regulated, taxed and sold in the Commonwealth still must be worked out by the General Court and the Baker Administration.

State Sen. Eric Lesser said the senate is ready to take up the issue when it returns to session in January, and Lesser believes the legal and bureaucratic apparatus can be built before January 2018.

He views the central issues as the amount the drug should be taxed and limitation of where it can be sold. The forms of edible cannabis are also a big issue, as it how law enforcement can test for driving under the influence of marijuana.

Lesser believes the total amount of tax on cannabis will be about 12 percent.

The amount of tax is also of importance to state Rep. Aaron Vega. He is concerned the state does not impose such a high tax that smokers will be encouraged to buy from street dealers rather than cannabis shops, once they are set up.

The role of the federal government is also a big question. He wondered if the Trump Administration would allow the five states with legal marijuana to continue the sale of the drug considering it remains a federal crime. Because of the federal statue, banks are not allowed to set up accounts for marijuana-based businesses and Vega sees this all-cash business running into difficulties.

He believes, though, the legislature must address the issue as not to “circumvent the will of the voters.”

State Rep. Joseph Wagner sees the current taxation of 3.75 percent as “woefully short” and may not be enough to pay for the state’s administrative costs.

He would also like to see an element of local control introduced that would allow for communities to have a say in where cannabis shops are located through a vote of the electorate.

State Sen. James Welch sees the primary questions around edibles and how they are marketed and whether or not it is a free speech issue, the number of plant an individual can legally raise and the public safety component with how police officers will determine driving under the influence.

State Sen. Donald Humason Jr. pointed out one issue that was not addressed by the language of the ballot question. Under the law as it now stands, a person can grow marijuana and not use but sell it legally to friends. There is no regulation on this cannabis and no tax imposed on it.

Humason is also concerned about the banking side of the issue.

The biggest issue he believes is the “hypocrisy” of saying that drugs are a danger to use but cannabis will be marketed as acceptable.

“I don’t see it be a better thing for the state and country,” Humason said.

He added he has read reports how cannabis shops have pushed out other businesses in Colorado.

Springfield City Councilor Bud Williams who will be a freshman state representative in January said that he wants to “take a look at the tax situation and revenue sharing.”

“We’re going to have to tweak it,” Williams said.     

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