BOSTON — Now that the smoke has cleared from the campaign battle over Question 4, area lawmakers are coming to terms with the task ahead of regulating the sale and recreational use of marijuana in Massachusetts.
“It was one of those short, sweet and simple questions to pose to voters, but it will actually be difficult to implement,” said state Sen. Donald Humason, R-Westfield, who opposed Question 4.
“The Legislature isn’t even meeting in formal session until January,” he continued. “There are just too many questions we don’t know the answer to.”
Massachusetts voters approved the ballot question legalizing recreational marijuana by a margin of 53.6 percent to 46.4 percent, a victory narrower than past ballot questions about pot.
A 2008 ballot question decriminalizing possession of small amounts of marijuana penalties passed with 65.2 percent of the vote. The 2012 question legalizing medical marijuana passed with 63.3 percent.
“I think it makes sense the margin was so close,” said state Sen. Eric Lesser, D-Longmeadow, of Question 4. “I certainly heard a diverse range of viewpoints in the community I represent.”
Senate President Stanley Rosenberg, D-Amherst, said support for the other two questions was stronger because they focused on one, simple question.
“This one has so many questions and so many more potential impacts that it gave pause to some people,” Rosenberg said. “I think a lot of people were reassured that the governor and Legislature had the ability to revisit and improve the bill if necessary.”
But with the new law going into effect on Dec. 15, legislators are worried about the time they have left to work out the finer details. On that date, it will be legal in the commonwealth to possess small amounts of marijuana, consume it privately and grow it at their homes. Retail sales would not likely begin until 2018.
Humason said he was particularly concerned about how the new law would address drivers under the influence of marijuana, as well as easier access to marijuana for youths and regulations around taxation.
“Once the genie is out of the bottle, you can’t put it back in,” Humason said. “We might be having buyer’s remorse in a few years, but by then it will be too late.”
Lesser agreed that there needs to be clear guidelines, especially for the sale of marijuana, before the law goes into effect.
“We need to get the tax issues figured out and make sure they are adequate, and, importantly, make sure that revenue is going to essential state services,” Lesser said.
The new law calls for a 3.75 percent excise tax on marijuana sales in addition to the regular state sales tax of 6.25 percent. Municipalities have the option of adding an additional 2 percent levy. Some lawmakers say the tax is too low.
Rosenberg said revenue from a marijuana tax should be enough to cover the costs of setting up and financing a regulatory system, funding addiction prevention and treatment and paying for public safety costs associated with legalization.
Despite the questions, Rosenberg said he is focused on getting all stakeholders to the table with government leaders to move ahead on the details of the law.
“There is a growing consensus in the state government that we can’t draw this out,” Rosenberg said. “We need to implement the will of the voters and implement it soon.”