The approval of Question 4 last November has legalized marijuana for recreational use in Massachusetts. Previously, marijuana was legal in the state for medicinal purposes only.
The new law, which went into effect on December 15, has been met with questions from residents and opposition from town officials. Under the bill, individuals over the age of 21 can possess, use and grow the drug in their homes. In addition, licensed shops will be allowed to sell marijuana, with a 3.75 percent state excise tax being added to the state’s standard 6.25 percent sales tax; cities and towns would have the option to add an additional 2 percent local tax.
However, certain restrictions can be implemented by individual communities. In Norwood, the Board of Health has announced it will stand with the police department in attempting to prevent recreational establishments from opening in town.
“There is work underway to head off what I believe would be one of the most negative impacts, and that is the opening of pot shops,” Norwood Police Chief William G. Brooks III said. “The only way a town can prohibit weed shops from opening is to put another question on another ballot. Town Meeting does not have the power under Question 4 to prohibit these shops - only voters do.”
To work toward this goal, Brooks said the town selectmen have voted unanimously to include such a question on the ballot for the next town election in the spring. While 53.6 percent of voters said yes to marijuana across the state, Norwood residents voted it down 53 percent to 46.9 percent.
“I think you will see our substance abuse coalition, ‘Impact Norwood’, working very hard to get out the vote,” Chief Brooks said.
Landlords in town may also restrict tenants living in their properties from using and growing the drug. Owners may override the approval of Question 4 by citing tenants’ rights to peaceful enjoyment of the premises, in the same way they can restrict any activity that may be viewed as a nuisance to those cohabitating in a shared building.
“Aside from the basic rights of property owners to impose reasonable restrictions, marijuana smell can be offensive to other tenants, and can make it difficult to rent other units,” Chief Brooks said. “Also, marijuana remains an illegal drug [nationwide] and it violates federal law to possess [and] grow it. Property owners are within their rights to insist that their tenants not commit federal crimes on their properties.”
Ultimately, Brooks said he anticipates negative impacts that have occurred in other states that have approved marijuana to carry over in Massachusetts. These include an increase in traffic fatalities as well as an increased interest by younger generations to experiment with the drug.
“You will see more people using marijuana, and more kids over time will use it,” Chief Brooks said. “We know that marijuana use, particularly by younger people, affects cognitive functioning. This will cause in uptick in kids becoming dependent on it, and seeking treatment.”
The town election is scheduled for April 3, 2017.
Issue Date:
January, 2017
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