Will Massachusetts Tax Marijuana?

A controversial bill before the legislature has reignited the debate about marijuana use and the nature of its availability in communities in Massachusetts.

2012-06-08

BOSTON, MA, June 08, 2012 (Press-News.org) A controversial bill before the legislature has reignited the debate about marijuana use and the nature of its availability in communities. As written, the bill would legalize, regulate and tax the production and sale of marijuana in Massachusetts. House Bill 1371 goes beyond the bill recycled from previous sessions to legalize marijuana for medical purposes. Instead, it would allow citizens to legally grow and smoke marijuana, but would authorize the Commonwealth to tax it as it does tobacco.

HB 1371 also provides for the creation of a seven-member "Cannabis Control Authority" to supervise and license the growing, distribution and sale of marijuana in the Commonwealth. "The state needs more money," said the bill's sponsor in March. "This would allow the state to benefit from marijuana by taxing it."

Despite a huge turnout in support of the bill at its public hearing this spring, observers say the measure is unlikely to pass. In 2008, voters changed the law so those caught with a small amount of marijuana would merely face a civil fine instead of misdemeanor criminal charges. Many argued, however, that the law lacked teeth, because it did not provide for a penalty for those who failed to pay the fine.

Supporters of the new proposed legislation contend that law enforcement cannot stop production, distribution and use of marijuana. Rather than spending its resources to fight marijuana trade, therefore, the state should instead start to regulate the industry in order to raise tax revenue and create jobs.

Hugh J. Cameron, President of the Massachusetts Coalition of Police, and other law enforcement stand adamantly opposed. Cameron argued recently, "It's a gateway drug. It's been proven to be a gateway drug."

The proposed house bill, moreover, is getting resistance not only from law enforcement, but also from health and welfare groups who say marijuana is potentially harmful. Those harmful effects, they argue, fall particularly hard on teens and youngsters who may develop psychological problems resulting from its use.

Marijuana use and distribution has been a hot-button topic for years in Massachusetts. This bill once again tests what direction the state is willing to go in and the debate continues. Will Massachusetts tax marijuana? We may soon find out.

Attorney David Yannetti has maintained a distinguished and highly regarded criminal defense practice in Boston since 1999.
http://www.davidyannetti.com/

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