Massachusetts Would Recriminalize Recreational Marijuana Sales Under 2026 Ballot Initiatives Being Reviewed By Attorney General

The attorney general of Massachusetts has published dozens of proposed initiatives for the 2026 ballot—including a pair that would roll back adult-use marijuana legalization in the state.

Attorney General Andrea Joy Campbell’s (D) office released a total of 47 initiative petitions filed by 19 groups ahead of a deadline on Wednesday. It will now review each of them to determine if they can be legally certified.

The two marijuana measures, which would eliminate the commercial adult-use market while maintaining patient access under the medical cannabis program and continuing to allow lawful possession of up to an ounce of recreational marijuana, is being spearheaded by Caroline Cunningham, who previously fought against a psychedelics legalization ballot initiative that voters ultimately rejected last year.

Under the new measures—titled “An Act to Restore A Sensible Marijuana Policy”—adults 21 and older could still possess up to an ounce of cannabis, only five grams of which could be a marijuana concentrate product.

Possession of more than one ounce but less than two ounces would be effectively decriminalized, with violators subject to a $100 fine. Adults could also continue to gift cannabis between each other without remuneration.

But provisions in the state’s voter-approved marijuana law that allow for commercial cannabis retailers and access to regulated products by adults would be repealed under the proposal.

Adults’ right to cultivate cannabis at home would also be repealed.

There are two versions of the initiative. They’re largely identical—except that one would set THC potency limits on medical marijuana, requiring the Cannabis Control Commission (CCC) to prohibit flower in excess of 30 percent THC and concentrates over 60 percent THC or that have more than 5mg THC per metered serving. There would also be a ban on cannabis concentrates that “fail to clearly provide metered, or otherwise measured, standard delivered servings” of 5 mg THC and on packages of concentrate that exceed 20 metered or measured servings.

After reviewing all of the proposed initiatives to determine if they’re consistent with constitutional requirements for ballot placement, the attorney general’s office will then certify them and issue finalized summaries, clearing proponents to start signature gathering.

They will need to turn in 74,574 valid signatures from registered voters to the secretary of state’s office by December 3, initiating a separate verification process to certify the signatures.

Whether the cannabis measures make the cut is yet to be seen. Voters approved legalization at the ballot in 2016, with sales launching two years later. And the past decade has seen the market evolve and expand. As of last month, Massachusetts officials reported more than $8 billion in adult-use marijuana sales.

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Regulators are also working to finalize rules to allow for a new cannabis consumption lounge license type, which they hope to complete by October.

Separately, in May CCC launched an online platform aimed at helping people find jobs, workplace training and networking opportunities in the state’s legal cannabis industry.

State lawmakers have also been considering setting tighter restrictions on intoxicating hemp-derived products and a plan to allow individual entities to control a larger number of cannabis establishments.

Also in Massachusetts, legislators who were working on a state budget butted heads with CCC officials, who’ve said they can’t make critical technology improvements without more money from the legislature.

Photo courtesy of Philip Steffan.