“Even if the the court ultimately rules against the plaintiffs and allows the petition to be placed on the ballot, this litigation challenge has already served a vital public purpose.”
By Christine Baily, C Bailey Law LLC
The Massachusetts Supreme Judicial Court (SJC) heard arguments concerning the fate of ballot initiative petition that threatens to eliminate the legalized adult-use marijuana industry on Monday.
The case, Caroline Pineau, et al. v. Attorney General and Secretary of State, SJC-13927, involves a challenge to the certification and summary of the petition by the state attorney general that, if successful, would repeal laws that govern the legalized adult-use cannabis industry in the state while also impacting the medical industry and patient access.
The litigation concerns an initiative entitled “An Act to Restore a Sensible Marijuana Policy” and the attorney general’s certification and summary of the petition. Unless SJC rules in favor of the challengers, the initiative is likely to appear on the November ballot for voters’ consideration.
The petition states that the proposed law, if enacted, “continu[es] the medical program” and “repeal[s] Chapters 94G and 64N of the General Laws which govern the possession, use, distribution, cultivation, and taxation of marijuana not medically prescribed,”
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