Monday, October 5, 2026

2026 Ballot Question 8: Prohibit Retail Sale of Adult Recreational Use Marijuana

Question 8: Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 6, 2026?

SUMMARY
As required by law, summaries are written by the State Attorney General.

The proposed law would change the type and amount of marijuana that may legally be possessed in Massachusetts by repealing the laws that legalize, regulate, and tax the retail sale of adult recreational use marijuana in Massachusetts. The proposed law would also permit persons 21 years of age and older to possess 1 ounce or less of marijuana including no more than 5 grams in the form of concentrate, and to gift or transfer to another person 21 years of age and older 1 ounce or less of marijuana including no more than 5 grams in the form of concentrate. The proposed law would also impose a civil penalty of $100 and forfeiture of the marijuana for the possession of marijuana between the weight of 1 and 2 ounces.

For persons 21 years of age and younger, the proposed law would make the possession of 2 ounces or less of marijuana a civil infraction subject to a $100 fine, forfeiture of the marijuana, completion of a drug awareness program and community service, and notification to their parents or legal guardian of the offense and penalties.

The proposed law would allow currently licensed adult recreational marijuana businesses to apply on an expedited basis to become a licensed medical marijuana dispensary and to sell their remaining inventory of adult recreational marijuana to medical marijuana dispensaries. The proposed law would retain the Cannabis Control Commission but modify its authority so it would regulate only the medical marijuana market.

The proposed law states that, if any of its parts were declared invalid, the other parts would stay in effect.

The proposed law would take effect on January 1, 2028.

WHAT YOUR VOTE WILL DO
As required by law, the statements describing the effect of a "yes" or "no" vote are written jointly by the State Attorney General and the Secretary of the Commonwealth.

A YES VOTE would prohibit the legalization, regulation, and taxation of the retail sale of adult recreational use marijuana, and change the penalties for possession of marijuana.

A NO VOTE would make no change to the law relative to marijuana.

STATEMENT OF FISCAL CONSEQUENCES
As required by law, statements of fiscal consequences are written by the Executive Office of Administration and Finance.

By repealing the laws that legalize and tax the retail sale of adult recreational use marijuana, the proposed law would reduce the amount that state and municipal governments receive from the taxation of those sales. In fiscal year 2025, taxation of the retail sale of adult recreational use marijuana raised approximately $280 million in state revenue and $50 million in local revenue. The state budget, which is supported by tax revenue, funds local aid for schools and municipal budgets.


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Detailed guide to this fall's state ballot questions
https://commonwealthbeacon.org/ballot-question/

"Three local news outlets — CommonWealth Beacon, The Bay State Banner and El Planeta — unveil a detailed guide to this fall's state ballot questions. 

It's freely available for republication online and in print."   https://commonwealthbeacon.org/ballot-question/