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Prohibitionists are hoping to offer Massachusetts voters the opportunity to reverse the Commonwealth's regulations governing the cultivation, manufacture, distribution, marketing and sale of marijuana.
An initiative petition was certified in Massachusetts in September 2025 that aims to place a measure on the ballot to end the state's adult-use cannabis market. The proposed ballot measure, titled "An Act to Restore a Sensible Marijuana Policy," seeks to repeal most of the adult-use cannabis laws that voters originally passed in 2016, even though cannabis legalization has been expanding across the country since Massachusetts voters approved it in 2016. If successful, the measures could appear on the 2026 ballot, and repeal of adult recreational marijuana would take effect on January 1, 2028.
Critics of the initiative warn that ending the regulated adult-use market would result in billions in lost tax revenue and push consumers back toward the illicit market, which is unregulated and untaxed. Massachusetts generated $15,064,887 in revenue from the 10.75% excise levied on the total sales price of the retail sale of marijuana, according to a May 2025 report by the state's Department of Revenue.
On Aug. 6, the Commonwealth Attorney General Andrea Joy Campbell announced that 19 groups had submitted 47 ballot initiative petitions proposing new laws or constitutional changes for the 2026 statewide election. Among them, two petitions aim to repeal or modify parts of the state's laws on recreational marijuana.
Specifically, the petitions would repeal Massachusetts General Law Chapter 94G, Section 7 and Chapter 64N which regulate the possession, use, distribution, cultivation and taxation of recreational (not medical) marijuana.
Presently, Massachusetts General Law Chapter 94G, Section 7 permits adults 21 years or older to purchase or grow their own marijuana. Adults 21 and over can carry up to one ounce of marijuana and possess up to 10 ounces in their home.
The 2 ballot proposals differ slightly in their treatment of medical marijuana.
Ballot initiative petition Version A seeks to limit the potency of medical cannabis. It would cap the THC content of marijuana flower at 30% and concentrates at 60%. Concentrates with more than 5mg of THC per dose would also be banned, as would products lacking clear metered servings of 5mg. Version B does not propose potency limitations on medical marijuana.
What the initiative petition would do if passed by Massachusetts voters:
- End adult-use sales: All licensed recreational dispensaries would cease selling cannabis for non-medical purposes.
- Transition to medical-only: Existing recreational dispensaries would be permitted to convert to medical-only operations.
- Maintain decriminalization: Possession of up to one ounce of cannabis would remain decriminalized, though additional penalties would be added for possession of one to two ounces.
- Add potency limits (potentially): One version of the petition includes a provision to add THC potency caps to products sold.
- Protect personal rights: The measure would protect access to housing, employment, and student aid for people who possess less than two ounces of cannabis.
We will continue to keep you updated on the legal and regulatory status of adult-use recreational marijuana in the Commonwealth of Massachusetts. Buchanan's experienced FDA & Biotechnology Team, Cannabis Industry Group Life Sciences Industry Group and Government Relations Group are here to assist with any changes impacting your business.
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