Pubdate: Thu, 07 Jul 2016
Source: Day, The (New London,CT)
Copyright: 2016 Associated Press
Contact:  http://www.theday.com/
Details: http://www.mapinc.org/media/293
Author: Bob Salsberg, Associated Press

MASS. COURT SAYS MARIJUANA QUESTION CAN GO FORWARD

Boston (AP) - Massachusetts' highest court on Wednesday cleared the 
way for a November ballot question on legalizing small amounts of 
recreational marijuana, but it ordered changes in the wording of the 
question's title and the brief statement that explains the measure to voters.

The justices, in a unanimous opinion, said the current title and 
statement were "clearly misleading," though otherwise found no reason 
to disqualify the proposal from the ballot.

The ruling from the Supreme Judicial Court came hours before 
supporters of legalized pot turned in more than 25,000 additional 
certified voter signatures to the secretary of state, well above the 
10,792 needed to assure a spot on the ballot.

The court heard two lawsuits last month, one of which argued that 
tens of thousands of people who signed petitions supporting 
legalization were misled because they were not told on the petitions 
that the proposed law could allow the sale of food products such as 
cookies or candy with high concentrations of THC, the psychoactive 
chemical in marijuana.

The court said it was disappointed that Attorney General Maura Healey 
did not prepare a summary for the petitions that included a reference 
to marijuana-infused food products that could become available in 
Massachusetts. But it ruled that the summary was nonetheless fair.

Healey ruled last year that the initiative petition passed 
constitutional muster.

The measure would allow people 21 or older to possess up to 1 ounce 
of pot for recreational use and impose a 3.75 percent excise tax on 
retail marijuana sales, on top of the state's 6.25 percent sales tax. 
A state cannabis commission would be created to regulate the drug.

The chief sponsors of the ballot question, the Campaign to Regulate 
Marijuana Like Alcohol, welcomed the court's ruling.

The justices agreed with the plaintiffs that the current title of the 
question and the so-called 'yes or no' statement that provides voters 
with brief arguments for and against the measure were flawed, and 
took the unusual step of drafting new language for both.

Ruling it would be "unfair and clearly misleading" to call the 
measure simply "Marijuana Legalization," the SJC ordered the title 
changed to "Legalization, Regulation, and Taxation of Marijuana."

Several changes were ordered in the wording of the "yes" statement, 
the most significant of which the court said would make clear to 
voters that the proposed law would not only legalize small amounts of 
marijuana but products - including food - that contain marijuana concentrate.

A group spearheading opposition to the marijuana question and led by 
top state leaders including Republican Gov. Charlie Baker and 
Democratic Boston Mayor Marty Walsh praised the court for drawing 
attention to food products that could be marketed toward children.
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MAP posted-by: Jay Bergstrom