US State Lawmakers Vote Unanimously to Double Marijuana Possession Cap and Overhaul Cannabis Commission

The Cannabis Observer ·
US State Lawmakers Vote Unanimously to Double Marijuana Possession Cap and Overhaul Cannabis Commission

The Massachusetts House voted 155-0 Wednesday to pass H.5350, doubling the adult possession limit from one to two ounces and restructuring the cannabis regulatory framework. The Senate is expected to vote this week; the bill then goes to Gov. Maura Healey (D) to sign, veto, let pass unsigned, or amend.

A conference committee co-chaired by Rep. Daniel M. Donahue (D) and Sen. Adam Gómez (D)—also co-chairs of the legislature's Joint Cannabis Policy Committee—approved a compromise Monday after months of negotiations. Colorado enacted the same change in 2021.

"The bill creates new opportunities for small businesses to grow, while providing those historically harmed by marijuana laws with temporary, exclusive access to those opportunities," Donahue and Gómez said in a joint statement.

H.5350 shrinks the Cannabis Control Commission (CCC) from five to three members; the governor gains all appointment authority, cutting out the attorney general (Senate's preferred approach) and treasurer. One commissioner must have a social justice background; the other two need backgrounds in public health, public safety, social justice, consumer regulations, or cannabis production and distribution.

The bill raises the per-entity license cap from three to six and increases to 20 percent (from 10) the equity ownership share that counts toward that cap. It removes the vertical integration requirement for medical cannabis operators, permits dispensaries to advertise sales, discounts, and loyalty programs inside retail locations and via opt-in email, and allows delivery operators to serve any municipality unless local officials opt out. It also establishes a reporting portal for illegal conduct, creates a "delinquent" list for businesses that haven't paid other operators for 60-plus days—barring further transactions until debts clear—and requires regulators to study hemp-derived products, cannabis public health impacts, tax policy, and workplace safety.

Cannabis businesses have also sued to block a ballot initiative that would repeal commercial recreational sales and home cultivation. Adults 21 and older could still possess up to one ounce; one to two ounces would draw a $100 fine; gifting and medical sales would remain legal. The legislature has until May 5 to act, after which organizers must collect 12,429 certified signatures by July 1 for the November ballot. A Bay State Poll from the University of New Hampshire's States of Opinion Project found most Massachusetts adults oppose the repeal, and the CCC head has warned it could jeopardize tax revenue for substance misuse treatment.

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