Commonwealth of Massachusetts, 2011-12 Legislative session

H01371, The Cannabis Regulation and Taxation Act (CRTA)

FAQs

What does the bill do?

It regulates and taxes the commercial production, distribution and sales of cannabis (marijuana), and unfetters the agricultural hemp industry. All new revenue would go to the state. The regulatory/taxation system, however, would not go into effect until legal under federal law. The CRTA repeals state marijuana prohibition laws as to adults having or growing a p;ersonal (non-commercial) supply of marijuana.

Why now?

Introduction and sponsorship of the CRTA

  • Responds affirmatively to voters who, by PPQs in 10 legislative districts since 2000, instructed their legislators to support the regulation and taxation of marijuana like alcohol

  • Will spark, and hopefully ignite, a serious reconsideration of continued reliance on the criminal justice apparatus to control the production and distribution of marijuana

  • Identifies the commercial cannabis industry as a prospective source of significant new jobs and revenue.

What would legal marijuana look like?

  • Commercially-produced cannabis would be available for purchase by adults from licensed retailers, sold in one-ounce packages bearing the identity of the source, the potency and a tax stamp.

  • Cannabis is sold only in pure (natural) form, not as an ingredient of foods or beverages, and without additives.

  • A tax is imposed on retail sales at the rate of $10.00 per one percent of THC per ounce. Thus, a one-ounce package of cannabis containing 5% THC would be taxed $50.00.

  • Licensees may not advertise their goods or services.

Enactment will

  • Reallocate limited law enforcement resources*

  • Declare the Commonwealth ready and willing to responsibly control marijuana within our borders, implicitly demanding that Congress yield such control—and the authority to tax—to the Commonwealth and other states.

The CRTA will not:

  • Legalize marijuana growing and dealing for profit until Congress cedes control to the Commonwealth and other states

  • Loosen any laws relating to the operation of motor vehicles in an impaired condition or otherwise

  • Change existing laws governing availability of marijuana to minors.

What about industrial hemp?

Cannabis having under .5% THC would be legal to grow, process and use for industrial purposes

*See, Miron, Jeffrey, “The Budgetary Implications of Marijuana Legalization in Massachusetts” (2003). http://www.changetheclimate.org/bu-study/mass_budget.pdf.

 
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