Pubdate: Thu, 03 Sep 2015 Source: Worcester Telegram & Gazette (MA) Copyright: 2015 Worcester Telegram & Gazette Contact: http://www.telegram.com/ Details: http://www.mapinc.org/media/509 GOING TO POT? If you're excited by the prospect of a Hillary vs. Trump spectacle (or pick your own combination) on election night next year, a number of initiative petitions on the ballot may represent a strong second billing. Depending on the number of signatures gathered in the next two months, initiatives on 16 issues could hit the ballot. (Twenty-two actually met state requirements, the attorney general announced yesterday, but they included multiple versions from petitioners.) Petitioners will begin collecting signatures on a constitutional amendment on public funding for abortions, and measures ending Common Core education standards, establishing a special tax on people earning more than $1 million per year, and not one but two different and competing efforts to legalize marijuana for recreational use. Government by referendum anyone? We're only at the beginning of the process. It's still to be determined which measures get the necessary 64,750 certified signatures to earn a place on the ballot in 2016 - the total is based on a percentage of voter turnout in the last state-wide election. A rule of thumb is to get nearly twice as many signatures as necessary in order to survive the checking process, so 100,000 is a likely target. Does anyone doubt that legalized marijuana measures won't hit that total? The competing marijuana initiatives present a potential conundrum. Both legalize the cultivation, sale, possession and use by adults 21 and older. Both would create a tax revenue stream targeted for certain purposes. But one measure takes a top-down approach that would establish a three-member Cannabis Control Commission, appointed by the state treasurer, to regulate and license commercial establishments, similar to the Alcoholic Beverages Control Commission. Communities could vote on whether to permit the sale and consumption of products at commercial establishments. The other measure is more bottom-up, enabling communities to license cannabis cafes or private clubs to sell marijuana and products for consumption on the premises - no consumption or sale of alcohol would be allowed. But it would come without an overriding ABCC-like structure. Growers would be licensed by the state Department of Public Health, which is involved now in the medical marijuana program. Surveys conducted last year indicate there's support among Massachusetts voters for legalizing recreational use of marijuana but not to the level of the 63 percent of voters who approved medical marijuana in 2012. The state has struggled in implementing the medical marijuana law, including a problem-plagued process for licensing dispensaries that's prompted lawsuits from unsuccessful applicants. Only one dispensary, in Salem, has been approved for opening so far. At least part of the problem with medical marijuana's implementation can be tied to the initiative petition route taken to force a reluctant state administration without a fully thought-through process. A similar dynamic is again at play. The governor opposes legalization, the Legislature doesn't appear inclined to act on the controversial issue, and proponents are taking matters into their own hands by initiative petition. Further complications could ensue if both measures get enough signatures to make it onto the ballot and both are approved by voters pushing for legalization. It's not that farfetched. Government insiders couldn't recall an instance when two petitions on the same subject were both passed on the same ballot. Differences in the two measures would be adjudicated by whichever got the most votes. It wouldn't be a shock if the matter ended up in court. The Legislature would be smart to step in if the measures get enough signatures. Rather than be handed a problematic law, the Legislature could adopt its own ballot measure - one that's hammered out after hearing from both opponents and proponents, even drawing from the two petitions. Yes, potentially representing a third ballot measure, but one more that's more palatable to all if it's to pass. - --- MAP posted-by: Matt