(AP Photo/Marcio Jose Sanchez)

By Gintautas Dumcius | MassLive.com

Massachusetts voters approved a new law last year, allowing recreational use of marijuana for adults over the age of 21. But if Massachusetts State House lawmakers have anything to say about it, changes to the law are in store.

Don't Edit

(AP Photo/Marcio Jose Sanchez)

Massachusetts lawmakers moved quickly to make some changes already



Lawmakers have already made some changes to the new law, particularly the retail pot shop piece of it. Gov. Charlie Baker signed a bill they sent to his desk pushing off by six months key deadlines to help retail pot shops get up and running.



The bill also delayed the establishment of the Cannabis Control Commission, the regulatory structure called for in the new marijuana law.

Don't Edit

...And more changes are on the way



But more changes are expected later this year. Here's a look at some of the potential ones that could come down from Beacon Hill.

Don't Edit

Who oversees and regulates the legal weed?



The law called for it to fall under state Treasurer Deb Goldberg's office, because she also oversees the Alcoholic Beverages Control Commission. (Since the law pushed by activists wants to see pot regulated like alcohol, the three-member Cannabis Control Commission would regulate pot).



But now there's talk on Beacon Hill of putting together an independent commission. It could be similar to the Gaming Commission, which handed out casino and slots parlor licenses as it oversees a burgeoning gambling industry in Massachusetts.

Don't Edit

Upping the legal smoking age limit to 25?



Could lawmakers change the legal smoking age limit to 25 and over, up from 21 and over as is currently in the law? Senate President Stan Rosenberg floated the idea a month after voters approved the new marijuana law.



Members of the Massachusetts Senate issued a report last year, weighing the possibility of marijuana legalization before voters went to the polls.



"There is a large body of scientific research that documents brain development through adolescence and up to the age of 25," said the report, which could function as a roadmap for lawmakers as they seek changes in the new marijuana law.

Don't Edit

Don't Edit

Raising taxes on marijuana



Massachusetts lawmakers are almost certainly going to change the tax rate, which some believe is too low.



The tax under the law passed by voters can go up to 12 percent: 6.25 percent sales tax, 3.75 excise tax, and a 2 percent "local option" tax.

Don't Edit

What raising taxes could do



Marijuana advocates say raising the tax would defeat the new law's purpose, which is driving down the black market by setting it low. Supporters of higher taxes say additional revenue is needed to cover the social and other costs of legalizing the substance.



"Higher tax rates are likely to generate greater revenue for the Commonwealth, dissuade youth from consuming since they tend to be price-sensitive, and generally reduce market demand," the Senate's report said. "However, they may limit the development of a regulated industry and drive consumers to purchase marijuana illegally in the black market."

Don't Edit

Expect it to go up



The Senate report recommends an excise tax between 5 percent and 15 percent, collected from marijuana growers, a marijuana-specific sales tax of 10 percent to 20 percent, and a "local option" tax of up to 5 percent.



Treasurer Goldberg has said the higher, the better when asked what the rate should be.

Don't Edit

Driving while impaired



Driving while under the influence of marijuana is illegal, and the new law doesn't do anything to change it.



But the senators in their marijuana report said that state officials should be directed to develop methods and procedures for determining whether a driver is impaired due to marijuana. A legal limit for THC blood concentration to determine whether someone is impaired should also be put in place, their report said.



Related: The state's highest court is weighing whether field sobriety tests can be used in marijuana court cases.

Don't Edit

New limits on marijuana products?



Lawmakers might also seek to place limits on manufacturing and selling marijuana products, including ones that could be "particularly appealing to youth and may be mistakenly consumed by children, such as candy bars or gummy bears."



Liquid marijuana products with "multiple servings of THC" should also be prohibited, and the state's Department of Public Health commissioner should be allowed to regulate new marijuana products if they pose a threat to public health or safety, their report said.

Don't Edit

Don't Edit

Home-growing



Under the current law, a household can have up to 12 marijuana plants. And a single plant can yield more than one pound of marijuana, according to the senators' report.



But the senators' report says home-growing creates difficulties for a seed-to-sale tracking system, punching a potential loophole in it.



Their report raises the possibility of prohibiting home-growing or at least imposing a temporary moratorium.



The report says if home-growing is allowed, then there should be a registration system and local cities or towns should be allowed to prohibit home-growing.



Law enforcement officials are lobbying for a lower home-growing limit.

Don't Edit

Limit how much the state grows each year?



Lawmakers could seek to set an aggregate limit on the amount of marijuana that can be grown in the state, and set up a tiered licensing system that would "tightly" regulate the size of manufacturing and retail operations, as well as how much individuals can grow.

Don't Edit

Advertising and marketing restrictions



Strict limits on marketing, advertising and promotion of legal marijuana could be on the way.



The Senate's report calls for "severely" restricting advertising on TV, radio, print, internet and billboard "or other media that may be viewed by youth."



Advertising and marketing materials could be required to warn of health risks, and free samples could be banned.

Don't Edit

Celebrity endorsements?



Celebrity endorsements or brand sponsorships that could appeal to youth may also be banned.

Don't Edit

Regulating hemp



A small section in the marijuana law allows the cultivation, process, distribution and sale of hemp.



In Colorado, the Senate report says, there's "financial incentive to grow hemp instead of marijuana, since hemp products are not taxed like marijuana products and are not subject to the same strict regulations."



The report calls for a licensing system for hemp cultivation and manufacturing, creating an additional sales or excise tax on hemp, and banning home-growing of hemp. (Via AP, here's a photo of Eddie Smith, next to bottles of hemp oil in his shop Into The Mystic in Mission, Kan.)

Don't Edit

Don't Edit

Employment issues



The new law allows employers to keep in place restrictions on marijuana use.



The state Senate's report recommended considering whether there should be employee non-discrimination provisions in state law for medical marijuana patients. Massachusetts voters legalized medical marijuana in 2012.

Don't Edit



New possession limits?



The special Senate report also recommended setting a maximum personal possession limit of 1 ounce for smokable marijuana, "including home possession." The report was authored in part by a chief opponent of the new law, Sen. Jason Lewis, D-Winchester.



The law currently allows people at least 21 years old to possess up to ten ounces of marijuana inside their residence and up to one ounce outside.

Don't Edit

Potency levels



The senators' report also expressed concern about the potency of modern marijuana, calling for a maximum THC limit per serving for all edibles, and calling for a potential "upper limit" on potency that would apply to all marijuana products.

Don't Edit

Seed-to-sale tracking?



The senators' report said Massachusetts should implement an "effective seed-to-sale tracking system that meets the needs of regulators, law enforcement, and tax collectors."



"In the event of consumer harm, seed-to-sale tracking allows regulators to track a contaminated product back to the manufacturer or grower," the report added.

Don't Edit



Cities and towns



City and town officials are seeking clarity on how they can impose restrictions on recreational marijuana shops within their borders. In Chicopee, for example, the City Council asked for more local control.

Don't Edit

Don't Edit

What's next?



As they craft regulations and continue to implement legal marijuana, Massachusetts activists and lawmakers are looking over their shoulder to see what the federal government will do.



White House spokesman Sean Spicer said expect "greater enforcement" from the Department of Justice when it comes to legal marijuana, which remains illegal at the federal level. But what that means is open to interpretation.



The Obama administration took more or less a hands-off approach, and the Trump administration's approach remains unclear at this point.

Don't Edit

When are the changes coming?



Lawmakers have said they'd like to get something to the governor's desk before July 2017.

Don't Edit

Until then...

We're in a bit of a "no man's land." Gov. Baker has acknowledged that, making the comment the same day Springfield police officers shut down a store handing out marijuana for "free" while charging an admission fee at the door.



That kind of thing speaks to the fact "that we need to do this and get it done right and get it done in a reasonable period of time because we're sort of in this no man's land at this point," Baker said, in a reference to marijuana law changes.