Pubdate: Thu, 21 Apr 2016
Source: Boston Globe (MA)
Copyright: 2016 Globe Newspaper Company
Contact: http://services.bostonglobe.com/news/opeds/letter.aspx?id=6340
Website: http://bostonglobe.com/
Details: http://www.mapinc.org/media/52
Authors: Dan Adams and Joshua Miller

STATE OFFICIAL LOOKS FOR LIMITS ON LEGAL MARIJUANA SALES

Treasurer Deborah B. Goldberg, who would oversee regulation of the 
state's recreational marijuana industry if voters approve a ballot 
measure this fall, said Wednesday the Legislature should ban home 
cultivation and delay retail sales of the drug if the proposal passes.

She also wants state lawmakers to restrict marijuana edibles such as 
candy that can be attractive to children and to give her office money 
to regulate the new industry in the early going.

And though she opposes the ballot effort like many other top state 
politicians, Goldberg said in an interview that she believes her 
office needs to be prepared for it.

"We need to be working on it, no matter how I feel personally," 
Goldberg said, explaining that she will not actively campaign against 
legalization. "I can't politicize this, because it's my responsibility."

Last week, Governor Charlie Baker and Mayor Martin J. Walsh of Boston 
joined with House Speaker Robert A. DeLeo and other officials to 
launch a formal political organization that will fight the legalization push.

Goldberg, however, sounded skeptical that opponents will succeed in 
rallying residents to vote against recreational use of marijuana. She 
pointed to voters' approval of medical marijuana in 2012 and recent 
public polls showing consistent support for full legalization.

"I believe it is coming," Goldberg said.

The ballot question, put forth by the Campaign to Regulate Marijuana 
Like Alcohol in Massachusetts, would legalize use and possession of 
marijuana by those 21 and older in December, and allow retail sales 
as early as January 2018. It is expected to garner sufficient 
signatures to make this fall's ballot.

Goldberg said she wants to push the start of retail sales later than 
January 2018 but did not specify an alternative date. She noted the 
troubled rollout of the state's medical marijuana program and 
indicated she hoped to avoid similar problems with a deliberate approach.

The proposed law would create a Cannabis Control Commission under the 
treasurer's office, which already oversees the alcohol industry 
through the Alcoholic Beverages Control Commission. The new body's 
three commissioners would have "sole regulatory authority over the 
conduct of the business of marijuana establishments." The treasurer 
would also have the authority to remove commissioners for neglect, 
misconduct, or malfeasance.

Two top Goldberg staffers recently traveled to Colorado and 
Washington to study those states' recreational marijuana programs. 
The take-home lesson, according to Goldberg, was that successful 
regulation of a massive new industry would require extensive 
coordination between her office and other state and local officials. 
Those include law enforcement, public health, and agriculture 
officials - even state technology workers who would need to develop a 
complex software system for tracking marijuana from planting to 
harvesting and sale.

Such a broad and time-consuming effort, Goldberg believes, will 
require up-front funding to succeed. The ballot measure proposes 
paying for regulation of the industry through an excise tax on retail 
marijuana sales, plus substantial fees from companies seeking 
marijuana licenses. But Goldberg argued that this money won't come in 
soon enough to offset the initial costs of processing applications 
and setting up a regulatory structure.

"That level of collaboration with no funding doesn't seem possible," she said.

Goldberg did not specify how much money she believes the Legislature 
should appropriate, but she noted that Washington state's marijuana 
regulators initially received $5 million to begin implementation 
before recreational sales began.

'We need to be working on it, no matter how I feel personally. I 
can't politicize this, because it's my responsibility.'

Critics say these levies may not even cover the cost of oversight. 
But proponents argue there will be ample tax proceeds and point to 
estimates that sales of legal marijuana in the state could hit $1.1 
billion by 2020.

Sales of recreational and medical marijuana in Colorado topped $996 
million last year, netting the state about $135 million in taxes and fees.

Goldberg and her staffers are also concerned about attractively 
packaged edible marijuana products that could appeal to minors, such 
as gummy bears.

The treasurer said she hopes the Legislature will consider requiring 
edibles be sold in individual doses with clear warnings about their 
potency on the package.

Goldberg also wants legislators to prohibit the home cultivation of 
marijuana. The Massachusetts measure as proposed would allow adults 
to grow up to 12 plants per household for personal use. But the 
treasurer echoed concerns by several state senators who visited 
Colorado that such cultivation would prompt complaints by neighbors, 
be extremely difficult to police, and could result in diversion to 
the black market.

Goldberg, who acknowledged smoking marijuana when she was 16, said 
she supported the 2012 medical marijuana measure and a 2008 ballot 
initiative that replaced the criminal penalties for possession of 1 
ounce or less of marijuana with a system of civil penalties.

However, she said she opposes full legalization because she is 
worried it could make it easier for minors to obtain marijuana, and 
that they might drive under its influence.

Leaders of the pro-legalization group said they hoped to change 
Goldberg's mind about voting against the question but applauded her 
for preparing to implement the law.

"We know it will be in good hands," said Jim Borghesani, a spokesman 
for the Campaign to Regulate Marijuana Like Alcohol in Massachusetts. 
"We have no worries about the treasurer administering her responsibilities."

Borghesani added that proponents are open to the cannabis commission 
issuing strict regulations, but warned lawmakers not to "decimate" a 
law approved by voters.

Legislative leaders have expressed openness in the past to changing 
the referendum, should it pass.

Goldberg, despite seeking legislative intervention, said the changes 
she is proposing are commonsense tweaks that would respect the intent 
of the electorate.

"I would hope we'd be able to do some of those things," she said, 
"without violating the voters' will."
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MAP posted-by: Jay Bergstrom