Difference between revisions of "Massachusetts Medical Marijuana Initiative"

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The Sensible Marijuana Policy Initiative, also known as Massachusetts Ballot Question 2, was an initiated state statute that replaced prior criminal penalties with new civil penalties on adults possessing an ounce or less of marijuana. The initiative appeared on the November 4, 2008, ballot in Massachusetts.
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The Massachusetts Medical Marijuana Initiative, appeared as the third question on the state's 2012 ballot as an indirect initiated state statute. The measure allows cannabis to be used for medical purposes in the state. The initiative—backed by the American Civil Liberties Union, the Massachusetts Patient Advocacy Alliance, and the Committee for Compassionate Medicine—was filed with proponents turning in the required signatures to the Massachusetts Attorney General's office by the August 3, 2011 deadline. Those signatures were needed for the required ten qualified voters who submitted the original petition to put forward the full text of the law they want enacted. The initiative passed with support from 63% of state voters.
  
  
The measure was passed on Nov 4. and became public law on January 2, 2009
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== Ballot language ==
  
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The ballot language of the measure reads as follows:
  
Question 2:
 
  
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A YES VOTE would enact the proposed law eliminating state criminal and civil penalties related to the medical use of marijuana, allowing patients meeting certain conditions to obtain marijuana produced and distributed by new state-regulated centers or, in specific hardship cases, to grow marijuana for their own use.
  
Replaced criminal penalties with a US$100 fine of which the proceeds go to the city where the offense takes place.
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A NO VOTE would make no change in existing laws.
  
Eliminated the collection of Criminal Offender Record Information (CORI) reports for minor marijuana related infractions.
 
  
Maintained then-current penalties for selling, growing, and trafficking marijuana, as well as the prohibition against driving under the influence of [[marijuana]].
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== Support ==
  
The law requires additional penalties for minors such as Parental notification, compulsory drug awareness program, and 10 hours community service that was not required under prior law. It also requires a larger US$1,000 fine and possible delinquency proceedings for those under 17 if they do not complete the requirements of the law.
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The following is information obtained from the supporting side of the ballot measure:
  
The law represents a break with prior law in Massachusetts, where people charged with marijuana possession faced criminal penalties of up to six months in jail and a US$500 fine, as well as a CORI report being filed.
 
  
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The American Nurses Association, American Public Health Association, Institute of Medicine, National Cancer Institute, and state medical societies of Rhode Island, California, and New York have attested to the significant therapeutic benefits of marijuana.
  
On Tuesday, September 10, 2008, a city councillor in Worcester called for a vote on a measure to express the opposition by the city of Worcester to the initiative. The city council rejected and voted down the measure by a 10-1 vote, with the only vote for the measure coming from the councillor that requested the vote.
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The AIDS Action Committee of Massachusetts, AIDS Support Group of Cape Cod, Massachusetts Nurses Association, Massachusetts Chapter of the Leukemia and Lymphoma Society, Massachusetts Patient Advocacy Alliance, New England Coalition of Cancer Survivorship, Western Mass AIDS Foundation and over 1,200 licensed doctors in Massachusetts support safe access to medical marijuana for patients with a doctor’s recommendation.
  
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According to reports, if the measure is enacted by voters, the National Organization for Positive Medicine hopes to establish a "marijuana compassion center" in Wakefield, Massachusetts. The group filed signatures for a local initiative to do so on April 1, 2012. The initiative states that it wants "a special bylaw requesting that the Massachusetts Department of Public Health issue the National Organization for Positive Medicine (Federal Tax ID No. 019-64-5887) a registration to operate a single not-for-profit medical marijuana compassion center in the Town of Wakefield, MA." Reports say that supporters of the local initiative want it on a Fall 2012 town ballot.
  
== Supporters ==
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During a hearing from the Joint Committee on Public Health, Boston resident Eric McCoy stated: "I'm almost 60 years old and the only reason I'm able to function every day is because of marijuana. I would be lying flat on a bed otherwise because of muscle spasms."
  
The [[Committee for Sensible Marijuana Policy]] is the leading proponent of the initiative. Whitney Taylor serves as the committee's treasurer and chairwoman.
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The Waltham News Tribune urges its readers to vote YES on question 3.  
 
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'''Organizations'''
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National Association of Social Workers—Massachusetts Chapter
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Greater Boston Civil Rights Coalition
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Criminal Justice Policy Coalition
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American Civil Liberties Union — National
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Law Enforcement Against Prohibition
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American Civil Liberties Union — Massachusetts chapter
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National Organization for the Reform of Marijuana Laws
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Massachusetts Cannabis Reform Coalition, Inc. (aka "MassCann")
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Univ. of Massachusetts, Amherst Cannabis Reform Coalition (not part of prev. listed group, "MassCann")
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Union of Minority Neighborhoods
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The Boston Worker’s Alliance
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[[Marijuana Policy Project]]
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Brookline Police Department
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'''Individuals'''
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Paul T. Breeden - President/CEO Boston Live Magazine/Boston Live Charity Fund Inc.
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Ronald Ansin, ACLU, philanthropist
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Charles H. Baron, Esq., Boston College School of Law
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Jack Cole, Law Enforcement Against Prohibition
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Michael D. Cutler, Esq.
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Richard Elliott Doblin, PhD, MAPS
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Sergeant Howard Donohue, a 33-year veteran of the Boston Police Department
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Lester Grinspoon, M.D., associate professor emeritus of psychiatry at Harvard Medical School
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John H. Halpern, M.D., assistant professor of psychiatry at Harvard Medical School
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Massachusetts state Sen. Patricia Jehlen (D-Second Middlesex), chair of the Joint Committee on Elder Affairs and Vice-Chair of the Joint Committee on State
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Administration and Regulatory Oversight
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Wendy Kaminer, Esq., ACLU, author, journalist
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Woody Kaplan, ACLU, philanthropist
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Thomas R. Kiley, Esq., Cosgrove, Eisenberg & Kiley
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Karen Klein, Brandeis University, Unitarian Universalists for Drug Policy Reform
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Lanny Kutakoff, Partakers, Inc.
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Dr. Robert Meenan, dean of the Boston University School of Public Health
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Lieutenant Thomas Nolan, a 30-year veteran of the Boston Police Department who now teaches criminology at Boston University
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Massachusetts state Rep. Frank Smizik (D-Fifteenth Norfolk), chair of the Joint Committee on Environment, Natural Resources and Agriculture
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Carl Valvo, Esq., Cosgrove, Eisenberg & Kiley
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Ernest “Tony” Windsor, Esq., Massachusetts Law Reform Institute
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George Soros - Hedge Fund Manager
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Massachusetts State Rep. Jim O’Day (D-fourteenth Worcester)
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'''Religious Leaders'''
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Rev. Jean Alexander, Auburndale
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Rabbi Alan Alpert, Leominster
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Rev. Molly Baskette, Somerville
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Father Richard Beaulieu, Winchester
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Rev. Jim Bronwell, Barre
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Rev. Suzanne Brunnquell, Pittsfield
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Rev. Sarah Buteux, Amherst
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Rev. Dr. Jan Carlsson-Bull, Cohasset
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Rev. Thomas Carlton, Ludlow
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Rev. Stephen Cook
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Father Richard Crowley, Middleboro
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Rev. C. Edward Deyton, Andover
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Father Thomas Dilorenzo, Winthrop
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Rev. Jonathan Drury, Andover
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Rev. Leigh Dry, Hopkinton
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Rev. Kathrene Duhon, Great Barrington
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Rev. Lisa Durkee Abbott, West Brookfield
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Rev. Dr. Dorothy May Emerson, Billerica
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Rev. Marc Fredette, Waltham
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Rev. Tamarack Garlow, Ashley Falls
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Rev. John Gibbons, Bedford
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Rev. Jamie Green, West Groton
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Rev. Edward Hardy, Abington
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Rev. William Hobbs, Athol
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Rev. Dr. Anne Ierardi, Yarmouthport
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Ms. Marion Jansen, Great Barrington
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Rev. David Johnson, Plymouth
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Rev. Bill Leggett, Milford
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Father John Lis, Williamsburg
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Rev. Jeffrey Long-Middleton, Acton
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Rev. Ian Lynch, Brimfield
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Rev. Art McDonald, Essex
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Rabbi Richard Messing, North Easton
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Rev. Stephen Philbrick, Cummington
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Rev. Susie Phoenix, Lee
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Rev. Katherine Reis, Rockport
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Rev. Edmund Robinson, Chatham
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Rev. Ken Sawyer, Wayland
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Rev. Dr. Victor Scalise, Somerville
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Rev. Warren Scamman, Windsor
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Rev. Richard Schlak, Foxboro
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Rev. Stephen Shick, Hudson
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Rev. Judith Smith-Valley, Brewster
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Rev. Paul Sprecher, Hingham
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Rev. C. William Steelman, Nantucket
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Rev. Rachel Tedesco, Taunton
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Rev. Jonathan Tetherly, Chicopee
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Rev. Patricia Tummino, Middleboro
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Rabbi Andrew Vogel, Brookline
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Rev. Vicki Woods, Worcester
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Rev. Dr. Judith Wright, Boylston
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'''Newspaper Editorial endorsements'''
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The Daily Free Press
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The Bay state Banner
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The Harvard Crimson
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The Newton TAB
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The Milford Daily News
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The Springfield Republican
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The Metrowest Daily News
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The Daily News Tribune
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The Brookline TAB
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The Fall River Herald News
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The Danvers Herald
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MIT Tech
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'''Polls'''
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A Suffolk University / WHDH Channel 7 poll has shown that 72 percent of Greater Boston residents are in favor of replacing criminal penalties with civil fines for
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carrying an ounce or less of marijuana. "The public may be signaling that pursuing small-time marijuana users is a waste of taxpayer resources," said David Paleologos, director of the Political Research Bureau at Suffolk University. "This issue suggests there is a libertarian streak in the thinking of the Massachusetts voter." The poll was conducted with 400 residents between July 31 and August 3, 2008.
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A FastTrack poll by WBZ TV /Survey USA on September 17 showed that 69% of all Massachusetts voters would favor either decriminalization or legalization. It was broken down to 30% want it remain a crime, 31% want it changed to a civil fine and 38% would like it to be legalized completely. The poll had a margin of error of 4.5%.
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'''Arguments in favor'''
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Supporting arguments advanced by the proponents include:
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It would save Massachusetts US$130 million per year, according to a 2002 report by Harvard economist Jeffrey Miron.
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Instances of minor marijuana possession would no longer affect if people can obtain jobs, housing, and student loans.
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Currently there are about 2.8 million CORI records on file for a population of 6 million.
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Small convictions have been shown to have little or no impact on drug use.
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'''History'''
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The National Commission on Marijuana and Drug Abuse (also known as the Shafer Commission) was created by Public Law 91-513 in 1972 to study marijuana abuse in the United States. It published its findings in a report called Marihuana: A Signal of Misunderstanding and recommended that the president should decriminalize possession of marijuana in amounts that constituted "simple possession".
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So far 30 non-binding public policy questions calling for civil fines for possession of marijuana rather than criminal penalties have passed in legislative districts throughout Massachusetts since 2000. These questions were passed with an average of 62% of the vote in favor. No Public policy question related to replacing criminal penalties with civil fines has ever failed in the state of Massachusetts.
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The Joint Mental Health and Substance Abuse Committee of the Massachusetts General Court voted 6-1 in favor of a bill that would have made possession of less than an ounce of marijuana punishable by a civil fine.
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'''Funding'''
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Billionaire George Soros made an initial contribution of $400,000. The committee has also received $750,000 cash as well as about $320,000 in donated time and services from the Marijuana Policy Project, an organization created to reform marijuana laws in the United States. According to campaign finance reports, as of November 1, 2008, the committee has raised approximately $1,250,000 to help pass the measure with $40,060.90 remaining.
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== Opposition ==
 
== Opposition ==
  
The Coalition for Safe Streets, a committee organized to oppose Question 2, launched a statewide campaign Sept. 5 to defeat the measure. Jonathan W. Blodgett, the Essex County District Attorney serves as the Coalition's treasurer and chairman.
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The following is information obtained from the opposing side of the ballot measure:
 
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Michael O'Keefe, the president of the Massachusetts District Attorneys Association, is opposed to the initiative. He believes that the measure will lead to an increase in minors using the drug by sending the wrong message to them.
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The O'Keefe Committee is one of ten committees representing district attorneys in Massachusetts that have contributed to the Coalition.
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William Breault, chairman of the Main South Alliance for Public Safety in Worcester, also plans to oppose this initiative.
 
  
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The Massachusetts Medical Society, which represents 24,000 doctors in the state, approved a resolution during the weekend of May 19, 2012 to oppose legalizing medicinal marijuana without scientific proof that it would be safe and effective on patients and stated that it cannot support legislation intended to involve physicians in certifying, authorizing, or otherwise directing persons in the area of medicinal marijuana outside of scientific clinical trials. but it does support to the reclassification of [[marijuana]] by the DEA so those trials can be conducted and regulated by the FDA to determine its potential medicinal use by humans.
  
'''Funding'''
 
  
According to Campaign Finance reports, as of November 1, 2008, the ten committees representing district attorneys in Massachusetts have contributed approximately $2,275 each to the Coalition along with a donation of $2,500 from the Worcester County Deputy Sheriffs Association as well as a few other donors for a total of approx $60,000, after expenditures they have $0 to fight the initiative and $2,601.92 in outstanding liabilities.
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== Other perspectives ==
  
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Massachusetts Attorney General Martha Coakley commented on the effects of the measure, but also stated that her office remains neutral on the proposal. Coakley said in an interview, "My position is if this passes as a ballot question it’s going to cause a huge headache making sure it’s not abused."
  
== Controversies ==
 
  
On September 17, 2008, the Committee for Sensible Marijuana Policy filed complaints with the Office of Campaign and Political Finance and the Attorney General's office against the Massachusetts District Attorney Association, the 11 state district attorneys and O'Neill and Associates, a Boston public relations firm. Violations of the campaign finance law could result in up to 1 year in jail and a $1,000 fine.
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The Patriot Ledger stated in an editorial that the measure should be decided by voters, not the Legislature, saying, "This is an issue that we believe should be decided by the citizens of the commonwealth, not in the behind-the-scenes muscling that goes on in the offices and corridors at the Statehouse."
  
  
Also, Middlesex District Attorney Gerry Leone has stated that in the event the majority of voters in the State of Massachusetts were to pass the initiative, he will attempt to override the vote and defeat it in an appellate process.
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== Legal challenge ==
  
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In May 2012, The Massachusetts Prevention Alliance filed a petition to the state supreme judicial court requesting that the wording of the ballot question be changed. According to reports, the group claimed that the wording of the measure hid key provisions of the potential state statute. For example, the group argued that a network of dispensaries would be created to comply with the law, if enacted, but that this was not shown clearly by the wording.
  
'''Alleged Complaints'''
 
  
Under Massachusetts law, it is illegal to solicit, receive, or spend funds to support or oppose a ballot initiative without first forming a political committee. CSMP alleges that the district attorneys solicited, received, and spent donations before they were legally allowed to, attempting to conceal their campaign activity for as long as they could.
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Shortly after, Massachusetts Attorney General Martha Coakley moved to dismiss the petition. According to the Attorney General's office, the petition did not offer a valid alternative way to write the ballot question.
  
  
CSMP further alleges that the district attorneys used public funds to post and house a statement urging voters to reject the decriminalization initiative on its Web site, a violation of Massachusetts election law, which prohibits public officials from using public resources to advocate for or against a ballot initiative. The statement on the state run Massachusetts District Attorneys Association website says that if the question is approved, "any person may carry and use marijuana at any time," which is untrue.
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During the case hearings, associate justice on the state Supreme Judicial Court Robert J. Cordy was skeptical of the ballot measure's wording, indicating he was open to a re-writing of the proposal's language, asking the Attorney General, "If it was entitled, 'Medical use of cigarettes,' would you have a problem with that? What's your evidence there is a medical use of marijuana?"
  
  
== Petition drive to qualify ==
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Around June 8, 2012, the supreme judicial court ruled in favor of the opponents who filed the lawsuit, stating that the measure's language was misleading. The court ruled that Coakley rewrite the ballot language.
  
The support group collected over 105,000 signatures, far exceeding the requirement of 66,593 valid signatures. Since Massachusetts is an indirect initiative state, this meant that the Massachusetts State Legislature had to take up the proposed measure. Since the legislature declined to act on it by early May, the supporter then had until June 18, 2008, to collect another 11,099 signatures to ensure that the initiative is placed on the November 2008 statewide ballot, a goal at which they succeeded.
 
  
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In a decision on July 2, 2012 Massachusetts Supreme Judicial Court Associate Justice Robert J. Cordy approved newly rewritten language of the measure.
  
== Results ==
 
  
{{
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According to reports, the main part of the language that was rewritten was the "yes" statement reads that reads, "A yes vote would enact the proposed law eliminating state criminal and civil penalties related to the medical use of marijuana, allowing patients meeting certain conditions to obtain marijuana produced and distributed by new state-regulated centers, or, in specific hardship cases, to grow marijuana for their own use."
| title      = Sensible Marijuana Policy Initiative
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| yes       = 1,949,704
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| yespct    = 65.25
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| no        = 1,038,523
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| nopct      = 34.75
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| valid      = 2,988,227
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| validpct  = 96.30
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| invalid    = 114,768
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| invalidpct = 3.70
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| total      = 3,102,995
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| turnoutpct = 73.52
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| electorate = 4,220,488
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}}
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== Enactment ==
 
  
As per Massachusetts law, the initiative became public law on January 2, 2009, 30 days from the date it was presented to the Governor's Council and certified.
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== Polls ==
  
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A poll was released and conducted by Public Policy Polling regarding the measure in late August 2012. According to reports, the poll revealed that 58% of those surveyed are in favor of [[medical marijuana]]. The actual question that was asked read: "Question 3 would eliminate state criminal and civil penalties for the medical use of [[marijuana]] by qualifying patients. If the election was today, would you vote yes or no on Question 3?"
  
== See also ==
 
  
[[Personal Use of Marijuana by Responsible Adults Act of 2008]]
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A Poll By the Boston Globe / University of New Hampshire taken in late September 2012 showed 69% to 22% in favor of passing the ballot initiative.

Latest revision as of 08:54, 31 January 2015

The Massachusetts Medical Marijuana Initiative, appeared as the third question on the state's 2012 ballot as an indirect initiated state statute. The measure allows cannabis to be used for medical purposes in the state. The initiative—backed by the American Civil Liberties Union, the Massachusetts Patient Advocacy Alliance, and the Committee for Compassionate Medicine—was filed with proponents turning in the required signatures to the Massachusetts Attorney General's office by the August 3, 2011 deadline. Those signatures were needed for the required ten qualified voters who submitted the original petition to put forward the full text of the law they want enacted. The initiative passed with support from 63% of state voters.


Ballot language

The ballot language of the measure reads as follows:


A YES VOTE would enact the proposed law eliminating state criminal and civil penalties related to the medical use of marijuana, allowing patients meeting certain conditions to obtain marijuana produced and distributed by new state-regulated centers or, in specific hardship cases, to grow marijuana for their own use.

A NO VOTE would make no change in existing laws.


Support

The following is information obtained from the supporting side of the ballot measure:


The American Nurses Association, American Public Health Association, Institute of Medicine, National Cancer Institute, and state medical societies of Rhode Island, California, and New York have attested to the significant therapeutic benefits of marijuana.

The AIDS Action Committee of Massachusetts, AIDS Support Group of Cape Cod, Massachusetts Nurses Association, Massachusetts Chapter of the Leukemia and Lymphoma Society, Massachusetts Patient Advocacy Alliance, New England Coalition of Cancer Survivorship, Western Mass AIDS Foundation and over 1,200 licensed doctors in Massachusetts support safe access to medical marijuana for patients with a doctor’s recommendation.

According to reports, if the measure is enacted by voters, the National Organization for Positive Medicine hopes to establish a "marijuana compassion center" in Wakefield, Massachusetts. The group filed signatures for a local initiative to do so on April 1, 2012. The initiative states that it wants "a special bylaw requesting that the Massachusetts Department of Public Health issue the National Organization for Positive Medicine (Federal Tax ID No. 019-64-5887) a registration to operate a single not-for-profit medical marijuana compassion center in the Town of Wakefield, MA." Reports say that supporters of the local initiative want it on a Fall 2012 town ballot.

During a hearing from the Joint Committee on Public Health, Boston resident Eric McCoy stated: "I'm almost 60 years old and the only reason I'm able to function every day is because of marijuana. I would be lying flat on a bed otherwise because of muscle spasms."

The Waltham News Tribune urges its readers to vote YES on question 3.


Opposition

The following is information obtained from the opposing side of the ballot measure:


The Massachusetts Medical Society, which represents 24,000 doctors in the state, approved a resolution during the weekend of May 19, 2012 to oppose legalizing medicinal marijuana without scientific proof that it would be safe and effective on patients and stated that it cannot support legislation intended to involve physicians in certifying, authorizing, or otherwise directing persons in the area of medicinal marijuana outside of scientific clinical trials. but it does support to the reclassification of marijuana by the DEA so those trials can be conducted and regulated by the FDA to determine its potential medicinal use by humans.


Other perspectives

Massachusetts Attorney General Martha Coakley commented on the effects of the measure, but also stated that her office remains neutral on the proposal. Coakley said in an interview, "My position is if this passes as a ballot question it’s going to cause a huge headache making sure it’s not abused."


The Patriot Ledger stated in an editorial that the measure should be decided by voters, not the Legislature, saying, "This is an issue that we believe should be decided by the citizens of the commonwealth, not in the behind-the-scenes muscling that goes on in the offices and corridors at the Statehouse."


Legal challenge

In May 2012, The Massachusetts Prevention Alliance filed a petition to the state supreme judicial court requesting that the wording of the ballot question be changed. According to reports, the group claimed that the wording of the measure hid key provisions of the potential state statute. For example, the group argued that a network of dispensaries would be created to comply with the law, if enacted, but that this was not shown clearly by the wording.


Shortly after, Massachusetts Attorney General Martha Coakley moved to dismiss the petition. According to the Attorney General's office, the petition did not offer a valid alternative way to write the ballot question.


During the case hearings, associate justice on the state Supreme Judicial Court Robert J. Cordy was skeptical of the ballot measure's wording, indicating he was open to a re-writing of the proposal's language, asking the Attorney General, "If it was entitled, 'Medical use of cigarettes,' would you have a problem with that? What's your evidence there is a medical use of marijuana?"


Around June 8, 2012, the supreme judicial court ruled in favor of the opponents who filed the lawsuit, stating that the measure's language was misleading. The court ruled that Coakley rewrite the ballot language.


In a decision on July 2, 2012 Massachusetts Supreme Judicial Court Associate Justice Robert J. Cordy approved newly rewritten language of the measure.


According to reports, the main part of the language that was rewritten was the "yes" statement reads that reads, "A yes vote would enact the proposed law eliminating state criminal and civil penalties related to the medical use of marijuana, allowing patients meeting certain conditions to obtain marijuana produced and distributed by new state-regulated centers, or, in specific hardship cases, to grow marijuana for their own use."


Polls

A poll was released and conducted by Public Policy Polling regarding the measure in late August 2012. According to reports, the poll revealed that 58% of those surveyed are in favor of medical marijuana. The actual question that was asked read: "Question 3 would eliminate state criminal and civil penalties for the medical use of marijuana by qualifying patients. If the election was today, would you vote yes or no on Question 3?"


A Poll By the Boston Globe / University of New Hampshire taken in late September 2012 showed 69% to 22% in favor of passing the ballot initiative.