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Law Massachusetts

"Flanagan opposed the November ballot question that legalized adult use of recreational marijuana, as did Baker."

So he appoints her t the Board that oversees the program. Standard political BS in the new millennium.
In reading about politicians actions in MA subsequent to the voter approved ballot, I am left with the overwhelming impression that the politicians in MA have a real problem in understanding the basic tenets of democracy.


State Senator First Appointee to Pot Regulatory Board

BOSTON (AP) — Republican Gov. Charlie Baker has named a Democratic state senator to the regulatory board that will oversee recreational and medical marijuana in Massachusetts.

Sen. Jennifer Flanagan, of Leominster, is the first person appointed to the five-member Cannabis Control Commission.

Flanagan opposed the November ballot question that legalized adult use of recreational marijuana, as did Baker.

The governor touted Flanagan’s experience in the Legislature on issues involving substance abuse prevention, treatment and recovery.

In a statement, Flanagan said she looked forward to serving on the commission and “responsibly regulating this new industry.”

First elected to the Senate in 2009, Flanagan plans to resign her seat at the end of the month.

Baker, Democratic state Treasurer Deb Goldberg and Democratic Attorney General Maura Healey will all have a hand in appointing the panel.
 
I am left with the overwhelming impression that the politicians in MA have a real problem in understanding the basic tenets of democracy.
Only in Massachusetts? I'm thinking it's across the board with all politicians. Cause they sure aren't siding with the will of the people.
 
Local marijuana entrepreneurs ready to roll, just waiting for the green light

At age 45, marijuana-grower Anscomb says it’s time for him to go legit.

He’s been illegally raising and harvesting weed for 13 years in an underground capacity (here’s a guide to how to grow your own), but now that recreational marijuana is legal, Anscomb is getting ready to apply for a cannabis cultivation license and get his business on the books.

Anscomb is a science teacher living in Northampton. He’s got a wife and children and even though marijuana is legal in the state, he’s wary of publicly admitting his connection — even without mentioning the 13 years of illegal growing. Anscomb says he’s not sure how his superiors would take it, and he could risk being fired.

Anscomb started growing marijuana, in part, to help his wife who has a rare autoimmune disease, hereditary angioedema, that causes uncomfortable swelling in the hands, feet, face, and airways. It often comes with excruciating abdominal pain, as well. Anscomb grows marijuana strains high in CBD, a marijuana chemical that doesn’t get you high, but has anti-inflammatory and relaxation benefits.

The medical bills in Anscomb’s home total between $30,000 and $70,000 per month, he says, though much of it is covered by health insurance. Finding physical and financial relief with marijuana about 10 years ago has helped the family. Anscomb says he’s glad with the passage of recreational marijuana in November 2016 that it’s safer for him to grow pot, event moreso than when medical marijuana was legalized in 2012.


Marijuana grown by Anscomb. Photo by Caitlin Shea Photography

“It helps with her attacks and I’ve been specifically trying to breed strains that were helpful to her and now I feel a lot less nervous about doing that,” Anscomb says. “And I find that even though medicinal dispensaries that are out now are great, they still don’t produce the same level and quality that I expect that they should be able to.”

So, he’s got the experience to grow; now he just needs the government’s okay to go public.

“One of the things I’d like to do is breed medicinal strains even though it’s recreational,” he says.

But he’s worried, as a small businessman, he won’t have a fair shot at joining the marijuana economy because smaller growers don’t have the deep pockets of mega wealthy corporations. It might be more difficult for smaller business to pass the state’s safety requirements.

“I feel like that the way they’re rolling out the medicinal laws in Massachusetts is unfair for small growers,” he says. “Right now, they’re basically favoring large corporations.”

Anscomb is one of many people in Western Massachusetts planning to join the vanguard of professional marijuana business. Owners at Mary Jane Makes Your Heart Sing and Hashbury Headshop, both of Springfield, say they plan to apply for marijuana-related licenses.

‘In a holding pattern’

CBD infused brownies. Photo by Chris Goudreau

The road, of course, won’t be easy. Marijuana is a new industry and regulations around it are still being formed. In late-August, Massachusetts officials were still appointing members to the Cannabis Control Commission, the regulation generating and enforcement government body for marijuana, which is charged with reviewing and approving licenses and reviewing marijuana commerce.

“I hope that Massachusetts will provide a large number of those recreational licenses,” Anscomb said. “It’s in their best interest.”

Anscomb likens the recreational marijuana industry to craft brewing craze, which began 10 to 15 years ago and believes a variety of strains and smaller growers would allow consumers to have a lot of choices about what types and how much they’d pay for pot.

“Mass producing factories are going to produce that quality of cannabis that’s cheap, but not the best,” he said. “If you’re going to be looking for the very highest quality, that’s going to come out of the small farms with only a couple of people doing it.”

Recreational marijuana licenses will be awarded by the yet-to-be established five-member Cannabis Control Commission, which will be established by Sept. 1. The commission is required to accept completed applications by April 1, 2018, for retail, manufacturer, cultivator or testing facility licenses. Applications come with a $13,000-$18,000 application fee.


James Welch

More than 29,000 people, which represent 57 percent of Springfield residents, voted to approve Question 4 legalizing recreational marijuana in November 2016. The only way that recreational marijuana businesses could be banned in the city is if it’s put to another referendum vote, according to state Sen. James Welch, (D-West Springfield).

Welch’s district covers Springfield and he is a member of the Joint Committee on Marijuana Policy. He said the Senate passed a bill amending the state’s recreational weed laws in June.

The amendment allows municipalities that had a majority approval on Question 4 to seek a referendum vote to decide whether marijuana businesses would be allowed in their communities, he said. City or town officials would decide whether or not to allow weed businesses for communities that voted against Question 4.

One of the most recent changes to recreational marijuana laws made by the Legislature sets the tax on marijuana at 20 percent, Welch said. The original marijuana tax rate approved by voters was 12 percent. The House of Representatives proposed a tax rate of 28 percent, while the Senate called for 12 to 13 percent.

“With local municipality taxes included, it ended up being around 20 percent,” he said. “I think that was a good compromise, of course. I think anything higher than that would have been too high. The last thing we want to do is make the price and the taxes too high. That would continue to encourage the black market.”

When asked if he believes Springfield could see economic gains from legalized pot, he replied that right now, people are concerned that marijuana was an illegal drug and that stigmas against it remain. At the same time, he sees that changing.

“I think there’s a lot of room and a lot of opportunity for communities that embrace the new industry to be able to profit from it,” he said. “I think as time moves on, people will become more familiar with the product and see what the benefits are from it and understand that adults who choose to use recreational marijuana use it in a very similar way to alcohol.”

Gov. Charlie Baker appointed state Sen. Jennifer Flanagan (D-Leominster) to the Cannabis Control Commission on Aug. 23, but there are still four more people who need to be appointed to the government body before it can begin resolving unanswered questions that many municipalities have about recreational weed regulations.

“We’re basically in a holding pattern,” said Philip Dromey, deputy director of planning for Springfield.

He said the city recently had a moratorium on recreational marijuana, which expired in August, but city officials decided not to re-instate it because businesses won’t be able to apply for recreational marijuana licenses until next year.

Sparking it early

Charles Christian III, part-owner and manager of Mary Jane Makes Your Heart Sing in Springfield, holds a bar of CBD infused chocolate. Photo by Chris Goudreau

Not everyone waited around for Massachusetts to get its act together before jumping into the weed business. Charles Christian III, 35, is a part-owner and manager of Mary Jane Makes Your Heart Sing in Springfield. The small 1865 Page Boulevard smoke shop, located adjacent to a tropical fish store, is a family owned business with his father, Charles Christian Jr. and mother Selina Christian, also part-owners. Around March, Mary Jane Makes Your Heart Sing generated controversy in the city for charging a $50 admission fee to the shop. Each fee came with a free gift of an eighth of marijuana. Mayor Domenic Sarno and members of the City Council weren’t buying the idea of a free gift attached to an admission fee to circumnavigate recreational weed laws and the city issued a cease and desist order on March 1. The store temporarily closed before re-opening on April 4.

“The state asked us to stop until the licenses were available, pretty much due to them being able to tax it and regulate it; to make sure it’s safe, which we complied to,” Christian says. “We came back with a different business model with all the essentials and planning on doing grow courses and moving the cannabis community forward.”

Christian says he isn’t worried about Mary Jane getting denied a license due to the marijuana gift controversy.

“Nothing negative has happened from that because we’ve been compliant and handling the business accordingly,” Christian said. “Hopefully, we’ll be able to do that nice and easy.”


A hookah seen at Mary Jane Makes Your Heart Sing. Photo by Chris Goudreau

Christian says, if all goes well with the state, he has plans to expand his business.

“We might have a different location for the recreational dispensary,” Christian said. “We’ll remain a smoke shop in this location … We’d like to have cannabis tours, grow classes, cooking courses. We’re also looking into possibly having a shop in the MGM casino once that’s available.”

Christian says he hasn’t met with anyone at MGM and the casino hasn’t mentioned a desire to sell in-house marijuana, but who knows where a conversation with the gambling giant could lead.

Just three and a half miles down the road from Mary Jane Makes Your Heart Sing is Hashbury Headshop — a marijuana-geared smoke shop next to a pizza joint that celebrates 1960s and 1970s hippie and rock culture just as much as cannabis. Images of famous rockers such as the Grateful Dead adorn the shop’s walls next to shelves of bongs, pipes, and cannabidiol brownies.

Frank Cincotta, 26, a lifelong Springfield resident and owner of Hashbury Headshop, opened up the shop on Oct. 1, 2015, after saving for two to three years while working a minimum wage job. He’s worked as a bus boy, donned a chicken suit and waved signs, and had a job at the U.S. Census Bureau.


Hashbury Headshop owner Frank Cincotta shows off the shop’s collection of bongs. Photo by Chris Goudreau

“I worked up every minimum wage job there was and saved up money until I got to this point,” he says. “I’ve just been a big pothead for over a decade and it just morphed into this. It’s kind of the natural course of action, I guess.”

Cincotta says he wants everything from lip balms to marijuana infused drinks, and different strains of pot in his store if he’s able to obtain a retail license.

“Half the store is going to be cannabis products as opposed to cannabis accessories,” he says.

If Hashbury Headshop is able to receive a retail license, Cincotta thinks the store will have a lot of customers that are not just coming from out of state, but from nearby communities that have decided to ban recreational marijuana businesses such as Wilbraham, which banned pot shops during a May 2017 Town Meeting vote.

“Wilbraham voted ‘No’ on pot shops. We’re going to get everyone from Wilbraham right over here,” he says. “Yeah, I’m looking forward to that.”

Getting green for green
Although marijuana is legal in Massachusetts, it’s still an illegal controlled substance as far as the federal government is concerned. This means the burgeoning Massachusetts marijuana industry faces issues working with banks, many of which won’t allow marijuana-related businesses to open a checking or savings account. And it’s hard to have a business without a bank to support it.



It’s not exactly clear what the risks banks could be if officials decided to offer services to marijuana-related industries. This is new ground for the federal government, too, but repercussions could be anything from steep fines to losing protection under the FDIC and consumers’ trust, says Jon Skarin, executive vice president of the Massachusetts Bankers Association.

“There’s substantial risk to it,” he says. “No bank wants to run afoul of the regulators; they don’t want to run into any legal issues; and they certainly don’t want potential reputational risks down the road if they are taken to court.”

Christian said his family’s shop hasn’t worked with a bank yet, but they’re looking at their options.

“Hopefully that won’t become an issue once we have the recreational dispensary because we are looking at a couple banks that are okay with working with [marijuana] companies,” he says.

When starting his business, Cincotta didn’t consider getting a loan from a bank; he figured the marijuana relationship would torpedo his chances. It’s not just banks that have concerns about weed businesses, credit card companies also distance themselves from the industry.

“We have an ATM with cash-only here at the store,” Cincotta says. “Because we claim that we’re cannabis and most stores claim tobacco, so that’s how they’re able to get under the radar with the credit card readers and still maintain business relationships with them. We’ve gone through five different card companies and they all denied us after like a month.”

Century Bank is the only bank in Massachusetts to do business with medical marijuana dispensaries, Jim Borghesani, communications director for ‘Yes on 4,’ a lobbying campaign for recreational marijuana in Massachusetts, says.

“It comes at a very high cost; It’s very expensive to even have a checking account with these facilities. Recreational marijuana facilities will face the same problem unless more banks begin offering services to the industry,” Borghesani says.

Skarin said the Massachusetts Bankers Association hasn’t taken a position on whether banks should do business with weed.

“We’re not advocating one way or another for or against medicinal or recreational marijuana. That’s kind of an individual decision, but if states are going to legalize marijuana it’s better to have those businesses in the financial system than being an all-cash business,” he says. “You have better oversight on where the funds are going if they’re in a bank than if they’re in a duffle bag full of cash in somebody’s house.”

Anscomb, who’s seeking to go from underground to public marijuana growing, wants to continue cultivation on a small scale in the hopes that he won’t need the banks and will see as little government interaction as possible.

“I’m going to do all of the investing myself and with close friends and family members,” he says. “Everyone who has lots of money is very wary of what the federal government’s approach is going to be. As long as we stay small, I believe we’ll be off their radar. If they come after people, they’re going to come after the largest growers first.”
 
Permits for Boston Marijuana Rally Expected To Be Issued Following Lawsuit Victory

Although Massachusetts lawmakers just signed legislation for recreational cannabis into law (albeit a compromise), the marijuana movement has been budding in the New England region for quite some time. For nearly three decades, the marijuana “Freedom Rally” in Boston Common has been a beacon for the ever-increasing cannabis support across the state.

However, local lawmakers haven’t always seen eye to eye with local advocates, and have tried to prevent the Freedom Rally from taking place in the past. Boston Mayor Martin Walsh nearly cancelled last year’s rally by revoking an already granted permit, claiming that organizers were planning to use outside vendors that weren't properly licensed.

This pushed the Massachusetts Cannabis Reform Coalition (better known as MassCann), the pro-cannabis advocacy group responsible for the rally, to sue the local government for reneging on the issued permit over politically motivated censorship. The Superior Court judge ended up siding with the pro-pot organization, issuing an emergency order allowing the event to go on.

This year, the planning process for the 28th annual Freedom Rally seems to be going much more smoothly, suggesting an improved relationship between the mayor’s office and pro-cannabis advocates. According to a spokeswoman of Walsh, the two sides “have better communicated expectations and conditions” for the upcoming event, and added that MassCann agreed to alter the location of vendors and improve post-rally cleanup.

As an argument in favor of the marijuana rally, event organizers have pointed to the extremist-backed “free speech” event that the city permitted on Boston Common earlier this month. The tense and divisive gathering attracted swarms of counter protestors and led to 33 arrests, some of which were for assaulting police officers. At the pro-pot Freedom Rally, law enforcement has only ever apprehended people for marijuana possession and other non-violent offenses.

The newfound understanding between Walsh and MassCann is an encouraging sign that the rally will face less political interference this time around, although the past actions of city officials have left some advocates weary. Freedom Rally participants may also have to beware of being fined for public consumption, something that will likely be happening in droves come September 15. Regardless of how city officials choose to handle the rally, the recent passage of recreational legalization has certainly fired up Beantown's pot smoking community, meaning that this year's cannabis rally will likely be bigger than ever before.
 
If you live in MA, listen up! You passed the referendum to legalize MJ in your state, 54% aye to 46% nay. Since that vote, your elected political representatives, whose salary YOU pay, have done everything that they can to thwart the will of the people. The law that was subsequently passed an signed mitigated and modified items that YOU specifically voted for as being included in the referendum.

Your political representatives appear to be continuing to take any action possible to undermine the clear intent of the referendum. Now, we have a Chair of the MA MJ commission who is opposed to MJ legalization.

You NEED to vote out of office every fucking one of these assholes who voted for the subsequent law, including restrictions on who your Treasurer could appoint in this position, and make them work for a living. Replacing them is easy...anyone with a sixth grade understanding of democracy in the USA would be better than this bunch of patronizing, paternalistic, we know better than you, scumbag politician.


Ex-Bain consultant who opposed legalization named top marijuana regulator
Steven Hoffman, a veteran corporate executive who opposed the legalization of marijuana, was named Thursday as chair of the Massachusetts Cannabis Control Commission, a new agency charged with ushering in an era of legal pot commerce.

The appointment, by state Treasurer Deborah Goldberg, makes Hoffman, a 63-year-old Lincoln resident who once worked at the powerhouse consulting firm Bain & Co., the state’s top marijuana regulator. He will hire the commission’s executive director and other staff and oversee the drafting of rules governing marijuana cultivators, processors, and medical and recreational dispensaries.

Hoffman has no experience with the cannabis industry, and Goldberg’s office said he voted against Question 4, the ballot initiative approved by voters last year that legalized the sale and possession of marijuana. That makes him the second commissioner at the nascent agency who opposed legalizing the drug, following Governor Charlie Baker’s appointment in August of state Senator Jen Flanagan, who campaigned against Question 4.

Attorney General Maura Healey has one pick for the commission, which she has yet to announce.

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Healey, Goldberg, and Baker also jointly appoint the remaining two commissioners.

Critics immediately panned Hoffman’s selection, saying the commission risks being dominated by opponents of marijuana, which will inevitably result in unreasonable restrictions on cannabis companies and limited availability of the drug to consumers.

20071107_27177_ThinkFire_PX3B5546-SH_BW.jpg



Steven Hoffman

“We are concerned that a second legalization opponent now sits on the commission, and we hope for balance in the remaining appointments,” said Jim Borghesani, who handled communications for the pro-Question 4 campaign.

Hoffman was unavailable for comment Thursday. But Goldberg noted that her options were sharply constrained by the Legislature. Under a package of changes to Question 4 enacted by legislators in July, the treasurer had to appoint a chair with experience in “corporate management, finance or securities,” language copied verbatim from the state’s casino gaming statute.

Goldberg has made little secret of her disdain for the requirement, arguing it had little connection to the chair’s duties. And, she complained, the demanding position’s $160,000 salary was not high enough to entice many qualified executives.

Asked to respond to critics who said that legalization opponents should not oversee the marijuana industry, Goldberg said, “when the Legislature, in its eminent wisdom, decided to make that the criteria for the CCC chair, they themselves were directing it to a more conservative cohort.”

“That is a very unique population,” Goldberg added. “People who are qualified are typically very successful and do not have a commitment to public service. You need someone who can afford to come into state government, who isn’t at the stage of life where they’re trying to put three kids through college.”

Borghesani acknowledged the difficulty Goldberg faced in finding a qualified candidate, saying, “the unnecessarily restrictive qualification language for the chair posed a hurdle for Treasurer Goldberg, but she seems to have selected a chair with impressive credentials.”

Goldberg said she interviewed 22 people but chose Hoffman because he had experience at both large companies and small startups, giving her confidence that he could build the cannabis agency from scratch.

Goldberg and Hoffman both attended Brookline High School, graduating in the same class in 1971. She said they were not close friends.

The new marijuana law stripped the treasurer’s office of its oversight of the marijuana industry and remade the commission as an independent agency run by five members. The deadline for appointing all the commissioners is Sept. 1.

“My role in terms of cannabis is now over,” Goldberg said.

In a statement, Hoffman said he was honored to have been appointed, and added, “I hope to guide this Commission thoughtfully and responsibly as we implement the legalization of recreational marijuana in Massachusetts. We have a lot to do, I am excited to get to work.”

He was unavailable for further comment.

Hoffman worked Bain & Co. from 1980 to 1992. He called future governor Mitt Romney a colleague and eventually became a partner and the head of its large Boston office. The firm is separate from Bain Capital, the investment business founded in 1984 by Romney and others who left Bain & Co. Romney briefly returned to Bain & Co. as interim chief executive in 1991 and 1992, when the company faced a financial crisis.

Hoffman now faces an excruciatingly tight timeline. The marijuana law sets July 1, 2018, as the target date for dispensaries to open; meanwhile, the commission has no office, equipment, or staff and must write a long list of rules and establish various processes before it can begin processing license applications next spring.

After leaving Bain, Hoffman worked in senior leadership positions at Sapient, ThinkFire, and most recently, Exchange Solutions, a Lincoln firm that manages customer loyalty programs for retailers.
 
Mass. Officials Unlikely to Meet Marijuana Regulation Deadline

It seems increasingly unlikely that the state's top elected officials will meet a deadline for assembling the agency that will regulate marijuana in Massachusetts.

The five-member Cannabis Control Commission is supposed to be in place by Friday under state law, but for now its only member is outgoing Democratic state Sen. Jennifer Flanagan, who was named last week by Republican Gov. Charlie Baker. Thursday is Flanagan's last day as a legislator.

State Treasurer Deb Goldberg and Attorney General Maura Healey also have unilateral appointments to make, with Goldberg responsible for choosing the person who will head the commission.

The final two members of the panel will be chosen by mutual agreement of Baker, Goldberg and Healey.

The agency will regulate both medical and legal adult use of recreational marijuana.
 
The only way to modify the behavior of this shit-head politicians is to take them to court. MA voters, sue their ass off. "Yes on 4"...forget the press releases and file a fucking suit.

Cannabis Control Commission 'does not reflect the Massachusetts electorate,' pro-marijuana group says

A spokesman for 'Yes on 4,' the group behind the ballot question legalizing marijuana in Massachusetts, says he's concerned after four of the five appointees to the new Cannabis Control Commission opposed the measure.

Massachusetts passed Question 4, which broadly legalized marijuana for adults ages 21 and up, by a 54 to 46 percent vote.

"The Cannabis Control Commission has does not reflect the Massachusetts electorate," Jim Borghesani, the spokesman for "Yes on 4," told reporters on Friday, after the remaining members of the commission were announced.

During the campaign, proponents said legalization will provide new revenue to the state while driving down the black market, while opponents argued the ballot question was flawed and written as a giveaway to a new marijuana industry.

The Cannabis Control Commission will oversee the retail marijuana shops and the medical marijuana program, which is getting rolled under their control from the state Department of Public Health.

Just one of the five members voted "yes" on Question 4 - and she helped co-write it: Shaleen Title, co-founder of cannabis recruiting firm THC Staffing Group.

The other four members voted "no." They are the chairman, Steven Hoffman; former state Sen. Jen Flanagan; former Department of Public Health official Kay Doyle; and former assistant attorney general Britte McBride.

Their "no" votes mean they voted against the creation of the positions they now hold.

"It would be reassuring to have statements from each of the people who voted no that they would in no way let their personal position would affect their work," Borghesani said. "That would make us feel a lot more comfortable."




Here's how much Steven Hoffman, the new chairman of the Cannabis Control Commission, will make

The new chairman of the Massachusetts Cannabis Control Commission will receive a salary higher than what Gov. Charlie Baker takes home but lower than the base salary of the incoming CEO of the MBTA.

Borghesani also voiced a fear of additional delays to the marijuana regulatory structure that the commission is tasked with assembling.

"We already had a six month delay in Massachusetts," Borghesani said, referring to state legislators passing a law that pushed the opening of retail pot shops from January 2018 to July 2018. "We don't want any more delays."

Gov. Charlie Baker and lawmakers said the delay was necessary in order to rewrite the flawed law passed by voters. In the rewrite, the commission was made more independent, instead of directly under the treasurer's office, and its membership expanded from three to five.

In the release announcing the selection of Doyle and Title, Baker said, "Executing the duties of the commission responsibly is vital to safely laying the groundwork for this new industry in the Commonwealth."

Borghesani praised Title, the one commission member with experience in the nascent marijuana industry.

"I know Shaleen, I think she's a wonderful pick for this board and I think she'll do a good job making sure everybody is rowing in the same direction," he said.
 
This stuff will grow in a ditch and they can't grow enough in MA? sigh....government at work yet again.
http://420intel.us8.list-manage.com...a3aa4ac110c16f3631&id=918272d5f1&e=49f2bedbca
Legal recreational marijuana in Massachusetts likely to be in short supply, experts say



The first retail marijuana stores in Massachusetts could open in July 2018. But don't count on being able to buy marijuana.

Industry experts are warning that there is likely to be a pot shortage almost immediately, since there will not be enough growers in the state to keep up with demand.

"The first places to open up will sell out in less than a week," predicted Peter Bernard, president of the Massachusetts Grower Advocacy Council.

The way the state law is set up, recreational marijuana stores will be able to apply for licenses beginning in April, with licenses issued after June 1.

Existing medical marijuana dispensaries will have a leg up because they already have cultivation facilities in place. Someone who has to build a new facility is likely to take between 18 months and three years to begin selling marijuana due to the time it takes for permitting, architectural planning, construction and growing, said Brandon Pollock, CEO of Theory Wellness, a medical marijuana company that plans to apply for a recreational license.

"It's highly likely in the first six to 18 or 24 months in the market there will not be enough cultivation space to support the demand," Pollock said. Theory Wellness is planning to double its cultivation capabilities in anticipation of the higher demand.

Bernard predicted that it will not be until late spring or early summer of 2019 that new retail outlets, as opposed to existing dispensaries, actually have marijuana products for sale.

After Nevada legalized recreational marijuana, it had a shortage so severe that state officials issued a "statement of emergency," allowing them to get around normal rulemaking procedures to expand the network of marijuana distributors. In Massachusetts, the situation is slightly different because the problem likely will be cultivation, not distribution.

Nevada, according to news reports, had 100 licensed growers for nearly 50 dispensaries. Massachusetts has 12 medical marijuana dispensaries with their own cultivation facilities. Although more licenses have been issued, there likely will be only around two dozen facilities in operation by the time the recreational licenses are issued, predicted Adam Fine, an attorney at Vicente Sederberg who specializes in marijuana law. In comparison, Colorado and Washington had hundreds of dispensaries.

Transporting marijuana across state lines is still a federal crime so sellers must grow marijuana in-state.

"The fundamental problem is we're coming into the recreational market with not as developed or as mature a medical program as we had seen in other states," Fine said. "We don't have currently cultivation capabilities to keep even close to the anticipated high demand once the first recreational marijuana retailers open up."

Fine noted that the industry is moving from a marketplace for medical marijuana, which is worth a few hundred million dollars and serves 40,000 registered patients, to an anticipated $1.2 billion industry serving anyone over 21, including out-of-state visitors.

"It's going to be a slow rollout," Bernard said. "When places start to open, they will probably run out quick."

Medical marijuana facilities today sometimes put caps on the amount of marijuana someone can buy when the dispensary faces shortages of a particular type of drug. Bernard predicted that some recreational marijuana shops may cap sales in order to give more customers a chance to buy.

Bernard said his group is planning to push for legislation to allow someone who grows marijuana at home to sell it to retail stores, as long as it is properly tested, which could help with the supply issue.
 
this is a test

Cannabis Control Commission Chairman Steven Hoffman confident marijuana shops will open on time
http://www.masslive.com/marijuana/index.ssf/2017/09/cannabis_control_commission_ch.html
Updated on September 6, 2017 at 12:50 PM Posted on September 6, 2017 at 12:49 PM


Cannabis Control Commission Chairman Steven Hoffman speaks to reporters in Boston on Sept. 6, 2017.(SHIRA SCHOENBERG / THE REPUBLICAN)



By [URL='http://connect.masslive.com/user/sschoenberg/posts.html']Shira Schoenberg



Even though he voted against the ballot question legalizing recreational marijuana, Cannabis Control Commission Chairman Steven Hoffman says he supports the aims of the new law.


"My concern as a private citizen was, I thought the timeline was pretty short to deal with the complexities of the public safety issues involved. But, I'm a supporter of the objectives of the law," Hoffman told reporters at a press conference on Wednesday.


Hoffman added, "I would not have taken the job unless I was totally committed to execute the job in good faith."


Hoffman also said he has smoked marijuana, although he does not do so regularly.


He said he went to high school in the 1960s and college in the early 1970s, when marijuana was "ubiquitous." The last time he smoked was with friends in Colorado, where marijuana is legal, on the weekend of July 4, 2016. He said he went to a store, bought a t-shirt and a joint, and watched the fireworks.


Hoffman, 64, was appointed chairman of the commission by Treasurer Deborah Goldberg. The newly formed, five-member commission was established to regulate the state's nascent legal marijuana industry.


Hoffman has a corporate management background. He was CEO of ThinkFire and Exchange Solutions. ThinkFire helps technology companies with intellectual property services, while Exchange Solutions designs customer loyalty programs. He held senior positions at several management consulting companies including Sapient, CSC Index and Bain and Company.


He holds a bachelor's degree in economics from Wesleyan University and an MBA in finance and statistics from the University of Chicago.





Former Bain exec who opposed legal pot tapped as cannabis commission chair

Steven Hoffman, a former Bain and Company executive who voted against marijuana legalization, is set to chair the Massachusetts Cannabis Control Commission.


Jim Borghesani, a spokesman for the Yes on 4 group that advocated for legalizing marijuana, has said Hoffman has "impressive credentials" but expressed concern that four out of five members of the commission voted against legalization.


Hoffman said all the members of the commission are "committed to doing everything possible to implement the law successfully and on time."


Hoffman said he is "confident" that the commission will be able to meet the law's deadlines, which would allow retail pot shops to open July 1, 2018. Hoffman said he has worked with start-ups before, and there are always difficult deadlines to meet. "You put your head down, be creative, roll up your sleeves and get stuff done," Hoffman said.


Staff from Goldberg's office, which is overseeing the commission, has already started doing work -- visiting other states where recreational marijuana use is legal, putting together job descriptions and writing a request for proposals for the necessary technology. The Cannabis Control Commission plans to meet for the first time Tuesday in a public meeting.


The first steps the commission will take include hiring staff, putting together a project plan and reaching out to constituencies including legislators, marijuana advocates and other state commissions that have regulatory experience such as the Gaming Commission and the Alcoholic Beverages Control Commission.


The Cannabis Control Commission currently has a budget of $2.3 million appropriated by the Legislature. Goldberg has estimated it will take $10 million to cover the commission's first year.


Ultimately, Hoffman said he anticipates the marijuana industry will not only cover its costs but generate money for the state. The industry will pay state taxes and licensing fees. He said one of the first things the commission will do is create a project plan and figure out the start-up costs.


"We have the resources to get started, I'll reserve comment on whether it's adequate to get us to the finish line," Hoffman said. "If current funding is inadequate, as I suspect it will be, we'll go to the Legislature and say here's what we need."


Hoffman will earn an annual salary of $160,000 from his commission work. The other commissioners will earn around $120,000.





Here's how much the new Mass. Cannabis Commission chair makes

The new chairman of the Massachusetts Cannabis Control Commission will receive a salary higher than what Gov. Charlie Baker takes home but lower than the base salary of the incoming CEO of the MBTA.


Hoffman personally has no background in the marijuana industry, but he noted that other commissioners do, and he will hire staff. As a management consultant for 20 years, Hoffman said he has experience in learning about new industries quickly.


The other members of the Cannabis Control Commission are Jennifer Flanagan, Britte McBride, Kay Doyle and Shaleen Title.


Flanagan is a former state senator who worked on substance abuse issues. McBride is a former prosecutor and legal counsel to the Massachusetts Department of Public Safety. Doyle previously worked as a lawyer for the Massachusetts Department of Public Health where she focused on medical marijuana law. Title is a co-founder of THC Staffing Group, a cannabis recruiting firm focused on equality and inclusion.





Legal recreational marijuana likely to be in short supply, experts say

Industry experts are warning that there is likely to be a pot shortage almost immediately, since there will not be enough growers in Massachusetts to keep up with demand.


In an introductory press conference on his first day on the job, Hoffman generally declined to comment on specific issues that will face the commission, saying he needs to learn more. He noted that the federal prohibition on marijuana is "a risk we'll have to be cognizant of." He said the potential for a marijuana shortage "is an issue that we have to address."


Overall, Hoffman said he envisions a successful industry as one where marijuana is accessible, generates revenue for the state, and is well-regulated so all parts of the industry are operating as "safe and efficient businesses."


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Q&A with the chair of Massachusetts’ new cannabis board

"Until we start delivering and giving people confidence that we are going to deliver on time, I think all of that skepticism is appropriate."
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Published: Sep 11, 2017, 9:20 am • Updated: about 4 hours ago Add a Comment

By Bob Salsberg, The Associated Press

BOSTON — Massachusetts’ newly-formed regulatory board for marijuana is scheduled to meet for the first time on Tuesday. The chairman of the Cannabis Control Commission, 64-year-old Lincoln resident and former business executive Steven Hoffman, sat down with The Associated Press shortly after his appointment to talk about the challenges the commission faces in meeting timetables set out in the law that legalized adult recreational marijuana use, and some of his own reasons for accepting the post.

Responses have been edited for clarity and brevity.

Q: Given the setbacks and delays the state experienced with its medical marijuana program, is it reasonable for the public to be skeptical about meeting deadlines for implementing recreational marijuana?

A: We’re committed, we’re energized, we’re excited to get started. But until we start delivering and giving people confidence that we are going to deliver on time, I think all of that skepticism is appropriate.

Q: But there are no promises?

A: What I can promise is that we are going to work as hard as we possibly can. We’re going to do everything we possibly can. We’re going to get all the help we possibly can to meet those deadlines, but I would have no credibility if I said with 100 percent certainty we are going to do so.”

Q: What made you want to do this?

A: (Laughing) It’s just a stage of life. I’ve had a long and good career. I’ve worked hard but I’ve been very fortunate. I was officially retired, but that was my shorthand for, ‘I want to do something really different.’ I like a challenge, I’m an adrenaline junkie of sorts. I wasn’t looking for this job, I didn’t apply for this job but when (Treasurer Deb Goldberg) contacted me and asked if I was interested, the more we talked the more this fit all my criteria.

Q: Many cities and towns are reluctant to host marijuana establishments, even those in which voters approved the ballot question. How do you counter that reluctance?

A: I think they have a legitimate concern and I think it’s part of our responsibility to address those concerns, to help assuage those concerns. It might be ambitious to say we are going to sit down and talk to (every city and town) but we’re going to try. We have a voter initiative that was passed by a majority of the voters in Massachusetts and we will implement that law but I understand that people have concerns about it.

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Q: Most financial institutions won’t lend to cannabis companies because marijuana remains illegal under federal law. How do you finance marijuana businesses without traditional forms of capital?

A: I don’t have the answer. I think it’s a critical question. We will talk to other states that have the same issues and see how they dealt with it. I don’t have an immediate answer for you other than I know it’s something we are going to have to work on. The other states have obviously had some success in creating financing for entrepreneurs in the industry, so we’ll figure it out.

Q: You recalled using marijuana in high school and college. But in general, isn’t marijuana more potent today?

A: Yes. I agree with that. Should there be limits on potency? I don’t know the answer to that but we will certainly get into that as part of our charter. Should there be very explicit packaging and labeling requirements? Absolutely. People have to know exactly what they’re taking.

Q: You and your wife visited a pot shop while on vacation in Colorado last summer. Tell me a little more about that experience.

A: You go to Colorado, you check out a pot store. And so we did. I mean, we did a lot of other things, it wasn’t the highlight of our trip (laughs), but we went there. There’s obvious and seemingly very good security. You have to sign in. You have to show identification. You have to sit in the reception area until someone is there to escort you in the store itself. Inside the store there are separate areas for different kinds of products. Everything was behind locked counters. I bought a T-shirt that has (on it) the chemical structure for THC.
 
Well hell yeah MA voters are skeptical....matter of fact, given absolute and objective evidence of their state government working to thwart the electorate's will, I would say that the time for mere "skepticism" has passed.

But why fret, MA voters....just send these entitled, "I know better than you", politicians down road. Make 'em do honest work for a change.


Poll: Voters afraid marijuana legalization will take hit
Massachusetts voters have strong doubts about the state’s ability to oversee the new law legalizing recreational pot, and most are concerned it will be influenced by politics, according to a new poll conducted by the Bernett Group for the Boston Herald.

And despite overwhelming support for the legalization law — more than 60 percent say voters did the right thing in approving the 2016 ballot question — just 18 percent of voters say they will actually buy marijuana when it becomes legal in 2018, according to the poll.

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The poll of 600 registered voters reveals an undercurrent of concern about the management of the new law, with 42 percent saying they aren’t confident the state can “safely and fairly” regulate pot sales.

Just 21 percent of voters are “extremely” or “very” confident in the state’s ability to regulate pot sales.

“There’s a genuine lack of confidence,” said Matt Hayes, president and CEO of the Bernett Group, a strategic marketing and research technology firm that conducted the poll for the Herald. “Voters are skeptical about how fairly and safely state government will perform when marijuana becomes publicly available.”

The poll of 600 voters, conducted Sept. 6-11, has a margin of error of plus or minus 4 percentage points.

Voters in 2016 approved the use and sale of marijuana, but the law was revamped by the Legislature and sales of pot won’t be legal until July 2018. The law will be regulated by the Cannabis Control Commission, a five-member board appointed by Gov. Charlie Baker, Attorney General Maura Healey and Treasurer Deborah B. Goldberg.

Marijuana supporters have already raised concerns about the commission, noting that all three state officials who appointed the board opposed the pot law and four of the commission members opposed the law, as well.

Those concerns are shared by most voters, according to the poll.

Forty-six percent of voters said they were very or extremely concerned the state’s regulation of marijuana will be influenced by politics. Just 25 percent were either not very concerned or not concerned at all about political influence.

And 43 percent said the current plan to tax marijuana sales at 17 to 20 percent was too high.

Other findings of the poll:

• Sixty-three percent of voters say they support the legalization of marijuana in the state, while just 34 percent are opposed.

• Nearly 95 percent of voters who cast ballots in 2016 say they would still vote to approve making marijuana legal. But only 20 percent of voters say they have used marijuana at least once in the past year.

• More than four in 10 voters say that legalizing pot will be a “very good” or “good” thing for Massachusetts, while 34 percent say it will be a “bad” or “very” bad thing.

• By a 61-32 percent margin, voters say they don’t think marijuana is a “gateway drug” that leads to the use of stronger drugs like heroin.

• By a 82-12 percent margin, poll respondents overwhelmingly believe that voters in local cities and towns — not elected officials — should decide whether marijuana may be sold.

• Just 27 percent of voters believe that legalizing marijuana will lead to an increase in crime.

• Voters are about evenly split, 46-44 percent, on whether they think Massachusetts should agree to a White House request to provide information about medical marijuana patients.​

“Their opinions are linked to how they voted on legalization,” Hayes said. “A majority of opponents want the records released; a majority of supporters want the records kept out of the government’s hands.”

The Bernett Group also conducted an analysis of social media trends about marijuana. That study found that since the November 2016 election, there were more than 360,000 posts on social media referencing marijuana.

The No. 1 emotion about marijuana was “joy” — at 46 percent — but disgust, fear, sadness and anger combined represented more than 50 percent of the emotions.
 


Massachusetts Court: Roadside drunken driving tests not valid for pot


Massachusetts' highest court ruled Tuesday that field sobriety tests typically used in drunken-driving cases cannot be treated as conclusive evidence that a motorist was operating under the influence of marijuana.

The Supreme Judicial Court said it was reasonable for police officers to testify — as non-expert witnesses — only to their observations about how individuals performed during sobriety tests. But officers are not allowed to tell juries if defendants passed or failed such tests, nor offer their own opinions on whether a driver was too high to be behind the wheel.

The ruling came in a case of a man who was charged with impaired driving in 2013/

The justices noted there currently is no reliable scientific test for marijuana impairment comparable to tests for blood alcohol content, though several potential tools are under development. In drunken-driving cases, results of field sobriety tests can be correlated with blood alcohol readings as evidence of impairment.

The lack of such a test for marijuana has taken on greater significance in states such as Massachusetts that have legalized the recreational use of marijuana for adults, but where driving under the influence of pot remains a serious crime.

"While not all researchers agree, a significant amount of research has shown that consumption of marijuana can impair the ability to drive," the court said in a unanimous decision. "There is ongoing disagreement among scientists, however, as to whether (field sobriety tests) are indicative of marijuana impairment."

Thomas Gerhardt challenged the admissibility of tests that were conducted by a state trooper in Millbury after he was pulled over on suspicion of impaired driving. The trooper reported smoke in the car, the odor of marijuana and found two marijuana cigarette butts.

Two passengers said they had smoked the joints about 20 minutes earlier, while Gerhardt maintained it had been about three hours since he used marijuana.

During his field sobriety test, Gerhardt was able to recite a portion of the alphabet and count backward, but was unable to properly follow instructions for a so-called walk-and-turn test, leading the officer to conclude he was under the influence of marijuana.

The state Legislature recently ordered creation of a special commission to study issues around driving while impaired by marijuana.
 
It makes perfect sense to me, you need to play to get the pay.


Should towns that ban pot dispensaries get the tax revenue?

By
The Boston Globe
8:15 AM
Who should share in the spoils of the new recreational marijuana industry? If pro-pot advocates get their way, it won’t be any of the more than 100 municipalities that have enacted bans, moratoriums, or tight limits on licensed marijuana operations.

Proponents of legalized marijuana are planning to push the Legislature to block cities and towns with such restrictions from receiving a single dime of the $150 million-plus in tax revenue the state could soon collect from retail cannabis sales.

It’s a long-shot idea, but backers hope there’s appeal in its moral simplicity. Their argument amounts to the familiar parable of the Little Red Hen: Why should those who refused to help bake the bread get to eat it?
 
Who should share in the spoils of the new recreational marijuana industry? If pro-pot advocates get their way, it won’t be any of the more than 100 municipalities that have enacted bans, moratoriums, or tight limits on licensed marijuana operations.
Can I get an amen? :headbang:
 

Marijuana panel takes listen-first approach to rule writing

OSTON – Working off a slew of legal requirements and a series of near-term deadlines, the Cannabis Control Commission on Monday pulled together almost 30 organizations to find out what stakeholders want to see in the rules that will govern the newly legal marijuana industry.

The legal marijuana law passed by voters and altered by the Legislature spells out at least 40 areas which the CCC is directed to address with "regulations, guidelines and protocols." The bulk of the regulations, the ones which must be in place in order for the CCC to issue licenses, must be promulgated no later than March 15.

Among the topics the CCC must cover are: the method and form of application for a marijuana license, a schedule of fees related to the application and licensing process, qualifications for licensure and minimum standards for employment, requirements for record keeping and tracking marijuana, minimum security and insurance standards, health and safety standards, and agricultural standards.


Peter Bernard, president of the Massachusetts Grower Advocacy Council, asked the CCC to draft regulations that will help facilitate a craft cannabis cooperative cultivation model that he said will help snuff out the black market. Cannabis cultivation cooperatives – which are allowed by law – could ensure that the high-quality cannabis favored by regular smokers is available for legal and taxed sale, he said.

"If we have nothing but the Pabst Blue Ribbon of cannabis out there from the big commercial industries there will be no Guinness, there will be no Dom Pérignon," Bernard said. "Now the tourists will come here and buy whatever we sell them because they're coming from a place where cannabis is illegal and it's a novelty ... The commonwealth is counting on tax revenue from people who smoke on a regular basis, those people are not going to settle for that commercially-grown product."

In Colorado, Bernard said one gram of medical-grade cannabis cost $25 when marijuana first became legal in 2014 and by the end of 2016 had dropped to $8 or $9, in part because there were craft cultivators providing additional supply into the marketplace.

Neill Franklin, executive director of the Law Enforcement Action Partnership, pressed the CCC to give attention to the requirement that it issue regulations to promote and encourage participation among communities disproportionately affected by the War on Drugs and marijuana prohibition.

"You really have to make these opportunities available for people, people who live in communities that have been devastated – the high arrest rates, people being incarcerated – that means you have to make a way for those who have been criminally sanctioned and you have to make a way for economic justice," Franklin said.

Without the opportunity to legally become part of the marijuana industry, people who have a criminal record for marijuana-related offenses could instead choose to operate on the black market, Franklin said.

"If you really want to shrink the illicit market and all the harms that come with that illicit market in our communities, you've got to make the economic opportunities available for people," he said.


The Massachusetts chapter of the American Civil Liberties Union also urged the CCC to pay extra attention to its regulations intended to encourage industry participation among communities disproportionately impacted by marijuana prohibition and to give extra weight to license applications that would ensure diversity in the industry.

Also on the CCC's list of required regulations are rules for things like the disposal of "excess, contaminated, adulterated or deteriorated marijuana," how state regulators can prohibit the sale of a marijuana product if it is "found especially appealing to persons under 21," and how a marijuana product manufacturer can voluntarily submit a product and its packaging to the CCC for review to determine if it would appeal to young people.

The CCC will also have to figure out how to accommodate Martha's Vineyard and Nantucket – islands that can only be reached by passing through air or water that is federally regulated – without running afoul of federal marijuana prohibition. Those special regulations must be promulgated by the CCC no later than May 1, 2018.

And the commission will also have to, essentially, teach people how to grow marijuana in their own homes. State law calls for the CCC to issue "advisory guidelines and best practices on the cultivating of marijuana within a person's primary residence." By law, adults are allowed to grow six marijuana plants in their home, or up to 12 plants if there are two or more adults living in the home.

Monday was the first in a series of listening sessions the CCC is scheduled to hold throughout the month of October to "hear from members of the public regarding the content of future proposed regulations regarding adult use of marijuana." The CCC will hold public listening sessions this week in Holyoke, Barnstable and Roxbury.
 

Legal pot opponents urge cannabis commission to ‘protect the people’


One year ago, the battle over whether marijuana should be legal for adults to use was raging in Massachusetts. Now that it’s settled, the combatants are still engaged in a skirmish over how the legal marijuana market should be structured and regulated in Massachusetts.

The Cannabis Control Commission is in the middle of a series of listening sessions around the state and organizations from both sides of the legalization debate are hoping to pack those sessions to sway the commission’s regulations in their favor.

“We need the prevention community’s voice heard at these meetings,” the Massachusetts Prevention Alliance, which opposed medical marijuana and adult use legalization, wrote to supporters in an email Tuesday. “PLEASE arrange your schedules to attend the remaining four of seven sessions THIS WEEK.”

Jody Hensley, policy advisor for the Prevention Alliance, said the organization wants to make sure community health supersedes interests of the marijuana industry as the CCC writes the rules of the budding industry.

“The overarching point is that the Cannabis Control Commission needs to be very clear that this drug is not harmless,” Hensley said. “Our government is here to protect us from the excesses of industry that could harm the public, and the Cannabis Control Commission is here to protect the people, not the industry.”
 

Massachusetts: As recreational marijuana sales near, panel faces 'balancing acts'


The head of the state's cannabis board laid down a marker Friday.

When stores open in Massachusetts for recreational weed sales next July, they will have enough products to meet demand, and not run out, as happened this summer in Nevada.

"If they don't, I would agree that's a failure of the commission," Steven J. Hoffman said of store inventory.

Between now and then, Hoffman's Cannabis Control Commission faces an uphill climb to prepare regulations, test them in a round of public hearings this winter and, come April, start taking license applications for growers, processors, testing facilities and retail outlets.

The panel must take the law passed by the Legislature this summer and translate it into practice. That includes determining what lawmakers meant when they required that the new cannabis landscape aid "disproportionately affected communities" — a reference to places that saw higher arrests and incarceration rates for past marijuana offenses.

"Having things open July 1 is a little challenging," Hoffman said Friday in a meeting with the editorial board of The Eagle before convening a hearing at Berkshire Community College on his panel's work.

Hoffman, 64, is a former Bain Capital partner and venture capitalist from Lincoln who holds a five-year appointment to the position as the commission's chairman.

To get products on shelves by July, the commission will rely on existing nonprofit medical marijuana dispensaries choosing to open for-profit sections of their stores. Because cannabis remains banned on the federal level, marijuana cannot be shipped across state lines.

Since the state will require "seed to sale" tracking of products, a system already in use in the medical market, that's the only way inventory can be ready by July. It takes several months to bring a plant to harvest and through the curing process.

Though applications will be accepted as of April 1, no licenses will be awarded until June 1 — one month from the planned debut of recreational sales.

A tracking system for the recreational market, which Hoffman said represents the largest part of his budget, will attempt to keep out illicit growers.

"My hope is that we eliminate the black market to the extent possible," he said.

Among many complicating factors, Hoffman notes, one is that cities and towns are taking their own steps to push back the start of adult-use sales. That will depress state tax revenues from weed sales.

"It's not the role of the commission to advise cities or towns on what to do," he said. "We are not in an advocacy role."

Hoffman said the first questions he got after being appointed by the state treasurer concerned his support for last November's ballot measure (he voted no) and his use of marijuana (he bought a joint in a Colorado recreational outlet on a recent visit to that state).

He indicated he is determined to get the system up and running.

Hoffman's panel is shopping for an executive director for the commission and other staff help. It is pressing to resolve questions quickly, he said, such as the matter of identifying communities "disproportionately affected" by cannabis prosecutions.

Hoffman said he hopes to check that one off his list in a month.

People speaking at the recent hearings highlighted concerns about cannabis products that might entice and reach children.

"Edibles is a very important and challenging aspect." he said.

The panel must help provide access to cannabis outlets, he said, while not risking public safety.

And it must make sure big players in the industry do not crowd out smaller craft businesses.

"We have all these balancing acts," he said. "It's going to be a really complicated exercise."
 
More shithead politicians and bureaucrats....can't we just ship them all somewhere else???

Massachusetts: DPH freezes medical marijuana fixes, infuriating patients

Governor Charlie Baker’s administration has frozen an effort to expand the availability of medical marijuana, infuriating advocates who say the long-pending regulatory changes — which include allowing more medical professionals to prescribe and administer the drug — would help tens of thousands of sick patients.

The proposed revisions to the state’s medical marijuana rules were unveiled in September 2016 by the Massachusetts Department of Public Health, in response to a directive by Baker that state agencies review and streamline their regulations. The agency has already held public hearings and published draft versions of the new rules, which last year it called “common-sense reforms.”

The suggested changes include permitting certified nurse practitioners, who have advanced degrees and prescribing authority for other medicines, to also prescribe medical marijuana. Employees of nursing homes, hospice centers, and other medical facilities would also be allowed to administer it to patients.

Additionally, medical dispensaries under the revised regulations would be allowed to post their prices online, helping patients comparison shop, and could grow cannabis from clippings instead of seeds, boosting yields, lowering prices, and ensuring marijuana strains stay consistent over multiple harvests.

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But health officials have declined to implement the measures. Instead, the department said it will defer to the new Cannabis Control Commission, which was created under the 2016 voter-approved recreational marijuana initiative and is expected to absorb the medical marijuana program late next year.

A DPH spokeswoman said the agency still supports the new rules, but that health officials need to talk through the changes with the cannabis commission. A meeting between the agencies is tentatively scheduled for Oct. 18.

“Given that the authority of regulating the medical use of marijuana will be shifting to the Cannabis Control Commission,” said spokeswoman Ann Scales, “we believe that moving forward with our regulatory process should be a shared decision with the Commission.”

The delay is the second this year; health officials previously waited out the state Legislature’s revisions to the recreational marijuana law, which were completed in July.

Advocates are decrying DPH’s inaction, insisting the health department has always had — and still has — full authority to implement the improvements. Even the chairman and acting executive director of the cannabis commission, Steve Hoffman, said there is no reason for DPH to wait for his agency.

“I really hope that while we’re doing our job in terms of building and regulating a recreational marijuana industry, [and] until we take medical marijuana over, nothing slows down what DPH has committed to do,” Hoffman said.

“DPH is running this,” Hoffman added, referring to the changes to medical marijuana.

Advocates for medical marijuana patients said the delay is exactly the sort of problem they feared when the Legislature combined oversight of the medical and recreational industries.

“Medical marijuana patients are being told to wait and take a back seat by the Department of Public Health while the adult-use [recreational] industry gets priority,” said Michael Latulippe, development director of the Massachusetts Patient Advocacy Alliance.

Latulippe and other advocates said allowing certified nurse practitioners to prescribe the drug could significantly lower the cost of the initial medical appointment, which can run to nearly $200 in out-of-pocket costs as marijuana consultations are not covered by health insurance.

It would also make it easier for patients to find prescribers in parts of the state where physicians who recommend marijuana are few and far between.

“There are so many patients who would benefit from marijuana but can’t access it because there aren’t enough physicians who are willing to prescribe it,” said Barbara Shea Tracy, a nurse practitioner who provides in-home care to severely ill and dying patients in Western Mass.

Tracy said gaining the ability to prescribe marijuana — in particular, nonpsychoactive preparations — would give her a powerful tool to better treat patients’ symptoms.

“I’ve had patients who obtained [marijuana] other ways, and it helped them sleep, reduced their pain and anxiety — all around, it’s much more effective than a narcotic,” such as an opiate painkiller.

DPH’s failure to implement the new rules, Tracy added, “is just causing patients more pain, especially people in hospice who can’t wait.”

Similarly, letting employees at nursing facilities and similar institutions administer the drug would make it far easier for the elderly or very ill to use marijuana as medicine. Currently, patients at such facilities who want marijuana must hire a “personal caregiver,” or draft a family member or friend to serve as one, and have that person licensed by the state.

Advocates are also hoping that DPH will streamline the cumbersome patient registration process, which in addition to requiring a physician’s recommendation necessitates filling out an online form and waiting two or three weeks for a DPH card to arrive in the mail.

Medical dispensaries, too, want the regulatory changes implemented quickly. Current regulations require them to plant each new cannabis crop from seeds, which can lead to significant variability in the potency and yields of plants. Growers strongly prefer using clippings from a marijuana plant with known characteristics, which makes cultivation cheaper and faster, and produces a more consistent final product.

Dispensaries also want to be allowed to post their prices on their websites, which is currently forbidden under a rule meant to discourage aggressive advertising of the drug, but which has frustrated patients trying to comparison shop.

Norton Arbelaez of New England Treatment Access, which runs medical dispensaries in Brookline and Northampton, said the changes are “ripe for action, and have the solid support of existing operators and many stakeholders.”

The main groups representing doctors and nurses in the state did not weigh in on the proposed changes. But the Massachusetts Health & Hospital Association opposed allowing medical facilities to register their employees as caregivers, saying it put them at risk of losing their licenses because marijuana is still illegal at the federal level.

DPH’s stewardship of medical marijuana has been checkered. Its rollout of the program in 2014 was hobbled by missteps, including conflicts of interest and the department’s hiring of highly paid contractors who failed to detect unqualified applicants for dispensary licenses.
 
New pot czar is known quantity
Assistant treasurer tapped as executive director for marijuana commission

A TOP AIDE to state Treasurer Deborah Goldberg who fashioned the regulatory infrastructure for the nascent retail marijuana business when that office was set to oversee the emerging industry has been tapped as the state’s executive director of the new commission in charge of legal pot.

Assistant Treasurer Shawn Collins, 31, was unanimously approved by the Cannabis Control Commission, getting the nod over the person charged with implementing Rhode Island’s medical marijuana law and a woman who runs a Massachusetts child advocacy nonprofit.

Prior to his work in the treasurer’s office, Collins was a legislative aide to state Sen. Richard Moore and is well known on Beacon Hill. Commission chairman Steven Hoffman dismissed concerns that the appointment had the look of an inside deal saying the commissioners came to the same conclusion on the best candidate independent of each other or outside influence.

“There was nothing orchestrated here,” said Hoffman. “I can’t account for how people will respond, it’s not my job. I know this was not a fixed process. I know it was a fair process. I know it was an open process and I think we came up with the right candidate.”

Collins, who is expected to start November 1 after negotiating terms of the position, is expected to be paid $150,000 a year, making him the second-highest paid employee of the cannabis commission. Hoffman earns $161,000 while the other four commissioners, all women, earn $120,000.
“I am grateful for the unanimous support of the Commission,” Collins said in a statement issued through the treasurer’s office. “This is an exciting opportunity to establish the agency that will develop a brand new industry in the Commonwealth. There is plenty of work to be done and I can’t wait to get started.”

Will Luzier, a former assistant attorney general who was the campaign manager for last year’s ballot question legalizing pot, called Collins “an excellent choice.” He said he and other proponents met with Collins several times and found him informed about the issue, though Luzier said he didn’t know if he was pro- or anti-pot.

The hiring process played out in a very public fashion, with the initial pool of 42 applicants winnowed to eight and then the three finalists interviewed by the cannabis commission in a public hearing on Tuesday. The commissioners held their deliberations Thursday afternoon in an open meeting. Hoffman said the three candidates – Norman Birenbaum, Erin Bradley, and Collins – showed “extraordinary courage” in sitting for the public grilling.

During deliberations, the three candidates – all three of whom had ties to the State House – were praised by commission members for their management experience, but only Birenbaum and Collins had been involved in dealing with legal marijuana, a fact all five commissioners cited as a mark against Bradley, the executive director of the Children’s League of Massachusetts.

“There’s a significant learning curve to marijuana,” said Commissioner Kay Doyle, who dealt with medical marijuana when she was counsel at the Department of Public Health. She called the lack of experience an “impediment” to ramping up the regulations in a short timeframe. Collins, she said, “does get some of the more nuanced issues and can hit the ground running.”

Commissioner Jennifer Flanagan, a former state senator, said she had dealings with Bradley, a former aide to state Sen. Karen Spilka, in the Legislature and while she admired her “passion,” she, too, thought it would be difficult for her to quickly get up to speed.

Like other members, Flanagan thought Birenbaum, a Newton native who worked on the campaigns for former governor Deval Patrick and US Sen. Elizabeth Warren and was an assistant to former lieutenant governor Tim Murray, had been gone from the state too long to be able to navigate the nuances of Bay State politics. Hoffman said he thought Birenbaum displayed “not a lot of humility” in offering very confident answers to every question asked. By contrast, he said Collins – who will oversee a staff of 40 to 50 people and be expected to hit some very tight upcoming deadlines including opening retail shops by next July 1 – admitted he had things to learn, which Hoffman said was an essential part of the job.

“He’s got the humility necessary,” Hoffman said. “You can’t know it all. He knows how to ask for help.”
In the end, it was Collins’s familiarity with the Legislature and the subject matter that won him the job. The commission will need much more than the initial $2 million that has been allotted to get the process going this year before any revenues begin flowing in. Collins came up with an estimate of $10.4 million. He’ll be asked to go to lawmakers to seek money in a supplemental budget.

Also, in the year leading up to last November’s referendum and in the months after approval, Collins began work on the structure of the regulatory framework because the initiative initially put the cannabis commission under the auspices of Goldberg’s office. Hoffman said the commission is using much of that framework to create the law’s regulatory infrastructure.
“He knows this subject cold,” Hoffman told reporters after the hearing. “It is all Shawn’s work. We’re miles and miles ahead of where we would be otherwise and my confidence in our ability to get this done right and on time is dramatically improved because the caliber of the work that had been done.”
 
Two thoughts, 1) MA citizens....this is less your fellow citizens doing this to you then a small number of them with support of asshat politicians and; 2) I urge you to support efforts to deny any MMJ tax revenue to cities/towns that ban sales. You need to play to get paid....no tickey, no money.

Pot moratoriums spread as locals wrestle with legal weed
BOSTON — More than 100 Massachusetts cities and towns have imposed bans, moratoriums or other limits on marijuana shops since voters legalized the drug for recreational use last year, opening up a new battlefront in the debate over legal weed.

Nearly two dozen communities north of Boston — including Beverly, Peabody and Gloucester — have temporarily banned pot shops from opening after the July 1, 2018 date set by the Legislature. Others, including Lawrence and Merrimac, have approved outright bans on pot sales.

Advocates for legal marijuana call the prohibitions shortsighted. Banning pot sales in too many places will fuel an underground market, they argue, stunting the growth of the cannabis industry while depriving state and local governments of much-needed tax revenue.


“If cannabis isn’t sold by regulated and taxed retailers, it will continue to be sold by criminals who don’t check IDs and don’t care about the safety of their product," said Jim Borghesani, a spokesman for the Marijuana Policy Project who helped craft last year’s voter-approved pot law.

"The whole intent of the ballot question was to eliminate black market sales. This is totally counterproductive,” he said.

Last November, 54 percent of voters in Massachusetts agreed to legalize the use and sale of recreational marijuana.

Under changes the Legislature made to the law in July, elected officials in communities where voters supported the referendum must hold another vote locally before banning or limiting the number of marijuana growing or sales operations.

In communities that opposed Question 4, officials may impose bans or moratoriums without a referendum. In towns, the changes must be approved by town meeting; in cities, they can be made by a vote taken by the city council and signed by a mayor or city manager.

After Dec. 31, 2019, all cities and towns will have to put proposed pot bans to the voters, regardless of how they voted on Question 4.

Pro and con votes

Statewide, 259 cities and towns voted for Question 4, while 91 voted against the measure, according to Secretary of State William Galvin's office.

Locally, voters in Salem, Beverly, Swampscott and Gloucester were among those agreeing to legalize recreational marijuana,

Peabody and Danvers were among those voting against.

Since then about 35 communities have banned retail pot sales, according to the Massachusetts Municipal Association. Another 60 to 70 have imposed moratoriums — some of which will expire at the end of next year — or zoning that limits pot sales, according to pro-marijuana groups.

Exactly how many communities are weighing retail bans, or have passed them, isn't clear. The state doesn't track local votes of town meetings and city councils, and pot advocates and municipal lobbyists are largely relying on news reports to determine where pot shops won't be allowed.

Unlike last year’s ballot question, which saw a well-funded campaign in support of legalization, opposition to local bans has been minimal.

Borghesani said the legislative rewrite of the law is allowing "local officials to ban businesses without a convincing mandate from local voters.”

“Unfortunately, these decisions are being made by a very small percentage of voters in some towns," he said.

Most bans temporary

Geoff Beckwith, executive director of the Massachusetts Municipal Association, said most cities and towns that have imposed temporary bans are awaiting new regulations from the state's Cannabis Control Commission, and they ultimately may allow pot sales once the regulatory structure is in place.

Beckwith estimates only about 35 communities have imposed outright bans, and most of those lack the commercial base to attract pot shops.

"The commercial marijuana industry will be just fine," he said. "In the end, the vast majority of communities are going to be allowing pot shops."

Local bans don't mean that recreational marijuana isn't legal in those places, only that retail sales are prohibited. The voter-approved law allows adults over 21 to possess up to an ounce of marijuana in public and 10 ounces at home. That part of the law has already taken effect.

Nor do the bans affect the home-grow provision of the law, which allows up to a dozen plants per household.

Beckwith said the two-tiered system set up by the Legislature for communities to ban pot sales was a "political solution to a public policy decision" that eventually will lead to lawsuits.

If a local elected body votes to outlaw retail sales, but a resident who lives there wanted to open a shop, that person could make a legal case for overturning the ban.

"They could very easily go to court and make the argument that the community has been denied due process," he said.

Recent votes on outright bans have been a mixed bag.


In Milford, 56 percent of voters a month ago decided to prevent marijuana businesses from operating in town — despite supporting legalization at the polls last year.

In Marshfield, a narrow margin of voters recently rejected a ban.

In Amesbury, where 59 percent of voters approved Question 4 a year ago, the City Council recently decided to put the question back to voters in a local election next month. Mayor Ken Gray, who opposed legalization, said he'll accept whatever the voters decide on Nov. 7.

"I can see the benefit in revenue, and there's some places in town where we can zone it," he said. "But I also know that people are concerned about it, particularly when it comes to impaired driving."

Tax potential

Retail marijuana sales will be charged a 10.75 percent excise tax on top of the state’s 6.25 percent sales tax. Cities and towns would be able to tax sales within their borders up to 3 percent more. Medical marijuana will remain untaxed.

State officials estimate taxes on marijuana will drum up $45 million to $83 million in the first year of sales. In the second year, the state could see $93 million to $172 million.

Pot advocates are pushing for legislation that would prevent cities and towns that ban retail shops from collecting a portion of the tax revenue.

To be sure, not every community is rushing to ban pot shops.

Newburyport Mayor Donna Holaday said city leaders aren't opposed to retail pot shops but want to keep them out of the downtown. The city already has a medical marijuana overlay district in a business park, and Holaday said city leaders are considering confining shops there.

For now, the city is considering a temporary ban while it works out zoning and awaits statewide regulations expected to be finalized by March.

"We're certainly open to having cultivation and retail shops somewhere in the city," she said. "The voters supported it, so we are respecting that."

Christian M. Wade covers the Massachusetts Statehouse for The Salem News and its sister newspapers and websites. Email him at cwade@cnhi.com.
 

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