This is the reply I got from Lewis-wouldn't hurt to write him(the more the better
From: Jason Lewis
Sent: Wednesday, January 25, 2017 1:12 PM
To: [email protected]
Subject: Re: Proposed legislation
Good afternoon,
Thank you for your feedback on the marijuana legislation I have filed. I appreciate your passion in support of the new law and I have heard now from many of you how efforts to change the law could – with a nod to history – seem like efforts to prevent lawful use of marijuana. I assure you that I understand that the people have spoken and that adult lawful use and possession of marijuana is the law of the land in Massachusetts.
So why have I filed legislation?
Along with many of my colleagues, I have carefully studied this issue for the past two years and we compiled our findings in a report which is available at
www.malegislature.gov/reports (you may need to filter by “marijuana” to locate the report – filed March 8th of 2016). In that report, my colleagues and I wrote a letter that prefaced the report, and which you can find below, and which explains many of our concerns about how marijuana legalization is implemented.
I understand your concerns about changing a law so recently passed by the people. But I also believe that if I do not act, and work with my colleagues to address policy issues raised by the new law, in the years to come I will hear from constituents who have been harmed because of an issue inadequately addressed by the new law, and I will not in good conscience be able to say to them that I have served them well and ably as a law maker. Perhaps it will help to know that in the few years since legalization, Colorado has already passed dozens of laws changing their own marijuana law, even though their legalization law was a ballot amendment that altered that state’s constitution.
It may also help to understand that since marijuana use is still illegal federally, it is up to us as a state to demonstrate to our federal government that we are providing adequate safeguards to protect the public health and safety. If we fail to satisfy our federal partners, they have the legal authority to shut down our marijuana marketplace even if it is legal at the state level.
I understand that you may not agree with the concerns raised below. I encourage you to continue to provide feedback to me and to my colleagues on those issues in which we may disagree. Moving forward, a standing Joint Committee on Marijuana has been created to review and address proposed marijuana legalization, and I encourage you to engage in that process as it moves forward, and to continue to make your voice heard on this matter.
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Letter from the Committee Members
The Massachusetts Senate created the Special Senate Committee on Marijuana in February, 2015. The purpose of the Committee was to research and analyze the policy ramifications if Massachusetts were to legalize the adult recreational use and sale of marijuana.
The Committee was charged with conducting a thorough and objective review of marijuana policy in Massachusetts as well as lessons to be learned from other states, particularly Colorado and Washington, that have already legalized marijuana.
The Committee was not charged with recommending whether or not the Commonwealth should legalize marijuana. We expect this decision will be made by the voters of Massachusetts, since an initiative petition to legalize marijuana is likely to appear on the statewide ballot this November. The Committee will not be taking an official position on the ballot question.
In this report, the Committee recommends actions for the state to take to address numerous policy issues if marijuana were to be legalized. However, this should not be interpreted to indicate the Committee’s endorsement of marijuana legalization.
After completing this extensive review of marijuana policy, the Committee members feel that we have an obligation to share our overall perspective on this important issue with our colleagues in the legislature and the public. To this end, we wish to express our serious concerns about the prospect of legalizing marijuana for recreational use and sale in Massachusetts, in part for the following reasons:
Public health concerns
• Even with strong safeguards in place, legalization may increase the accessibility of marijuana for youth and contribute to the growing perception among youth that marijuana is safe for them to consume.
• Marijuana-infused edibles are the fastest growing segment of the market and present particularly challenging issues for public health and safety.
• The risk of harmful health consequences and addiction may be greater than in the past due to the high potency of many products on the market today.
• Even with tight restrictions on advertising and marketing, legalization would likely encourage commercialization and market expansion as marijuana businesses seek to grow their revenues and profits by gaining new customers and increasing the consumption of their existing customers.
Public safety concerns
• There is no well-accepted standard for determining driver impairment from marijuana intoxication and no equivalent test to an alcohol breathalyzer, making it difficult for law enforcement to identify and arrest offenders and gain convictions in court.
• Although some banks have been willing to assume the risk and considerable expense involved in providing banking services to marijuana businesses, the industry still relies heavily on cash for many transactions and is unable to obtain bank loans or lines of credit, raising security concerns.
• Even with legalization and reasonable tax rates, the black market is likely to persist due to the significant profits to be gained from meeting demand (of adults and youth) across New England, as well as the ease of growing marijuana and the difficulty that law enforcement would face in enforcing home growing limits.
Economic and fiscal concerns
• Since marijuana remains illegal under federal law, state agencies would have to assume the difficult and costly responsibilities for ensuring public health and safety, environmental protection, and agricultural safeguards that would ordinarily be undertaken by federal agencies such as the FDA and EPA.
• There is considerable uncertainty regarding federal policy toward marijuana, particularly with the impending change in administration after the presidential election, as well as growing conflict among states with different policies toward marijuana.
• Tax revenues and fees that would be generated from legal sales may fall short of even covering the full public and social costs (including regulation, enforcement, public health and safety, and substance abuse treatment), and should not be expected to provide a significant new funding source for other public needs such as education or transportation.
We are also concerned that the effort required at this time to implement marijuana legalization by our state and local governments would consume enormous amounts of time and energy that could otherwise be spent addressing other challenging issues already facing our cities and towns.
Furthermore, Massachusetts currently lacks the necessary baseline data on marijuana public health, public safety, and economic and fiscal impacts, as well as the ability totrack and monitor trends over time. This issue has been particularly problematic for Colorado and Washington in formulating sound marijuana policy.
In the final analysis, the Committee members believe strongly that it would be prudent for Massachusetts to take a cautious approach to considering marijuana legalization, and continue to learn from the experience of other states. If the legislature were to take up legislation to legalize marijuana or the voters were to approve the likely ballot question in November, it will be critical for the legislature to carefully consider how best to address the numerous policy issues outlined in this report in order to protect the health and safety of the residents of the Commonwealth.
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Best regards,
Jason
Jason M. Lewis
State Senator
Fifth Middlesex District
State House, Room 511-B
Boston, MA 02133
617 722-1206
[email protected]
http://www.facebook.com/SenJasonLewis
Twitter @senjasonlewis
