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Mass. ballot question proposals could end recreational marijuana sales
Two petitions aim to repeal parts of the state’s marijuana laws that regulate the recreational sale and use of the substance.
Massachusetts residents may soon face the prospect of ending legal recreational marijuana sales, per two new ballot initiatives.
On Aug. 6, the Attorney General’s office 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.
What do the ballot initiatives propose?
Currently, 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 ballot initiatives, filed by Caroline Cunningham and signed by about 14 other people, propose modifying the criteria for the legal possession, distribution, and use of marijuana.
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If passed, the two ballot measures — both dubbed “An Act to Restore A Sensible Marijuana Policy” — would repeal Chapters 94G and 64N of the General Laws which regulate the possession, use, distribution, cultivation, and taxation of recreational (not medical) marijuana.
The petition would maintain legal possession of one ounce or less of marijuana for adults aged 21 and older. This includes allowing possession of up to five grams of cannabis concentrates, and adults would still be able to give away marijuana to other adults — “as long as the transfer is not advertised or promoted to the public.”
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However, according to the ballot initiative, any adult over 21 possessing more than one ounce (but less than two ounces) of marijuana would face a civil penalty of fines of up to $100 confiscation of the marijuana.
Under the ballot petition, people under the age of 21 and in possession of between one and two ounces of marijuana would be subject to the same civil penalties as those over 21, but they would also be required to complete a drug awareness program, according to the petitions.
The proposals also differ slightly in their treatment of medical marijuana.
Ballot initiative petition Version A seeks to limit the potency of medical cannabis. Specifically, 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.
Lastly, the ballot initiatives propose entirely repealing Chapter 64N of the General Laws, which sets an excise tax of 10.75% of the total sales price of the retail sale of marijuana. Massachusetts generated $15,064,887 in revenue from the marijuana excise tax in 2025, according to a May 2025 report by the state’s Department of Revenue.
A long road ahead for ballot initiatives
Even if the petitions pass, getting these measures onto the 2026 statewide election ballot will not be easy.
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For the petitions to move forward, they must first receive certification from the state Attorney General’s office by Sept. 3, 2025.
Should they meet constitutional requirements, supporters would need to gather at least 74,574 signatures from Massachusetts voters by Nov. 19 (14 days before the first Wednesday in December) to advance the petitions.
If enough verified signatures are collected, the proposals would go before the state legislature in January of the next year. If lawmakers do not approve them before the first Wednesday in May 2026, supporters will have until June 17 (fourteen days before the first Wednesday in July) to gather an additional 12,429 signatures to place the measures on the 2026 ballot.
If the proposals make it that far, they would need majority voter approval to become law. In addition, ballot initiative petitions require 30% or more of the voters casting ballots at the election to vote affirmatively for the proposal in order for it to pass.
Massachusetts’ troubled Cannabis Control Commission
The timing of these proposed measures coincides with increasing scrutiny of the Massachusetts Cannabis Control Commission (CCC), which has been embroiled in controversy. Last week, a state audit of the Commission found widespread mismanagement and violations of state regulations at the agency.
While the proposed measures are garnering attention, they face significant opposition from the public. An April 2024 survey by the MassINC Polling Group found that 65% of Massachusetts residents still support marijuana legalization.
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Should Mass. repeal cannabis legalization?
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