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Tipping point, legalization advocates say

Massachusetts voters legalized marijuana for recreational use on Nov. 8, 2016, after decriminalizing small amounts of the substance in 2008 and legalizing it for medical use in 2012.

Legalization advocates call Nov. 8 a tipping point for the industry and the movement. What does legal pot mean for the Bay State and what happens next?

(AP Photo/Steven Senne: Marijuana rally on Boston Common in 1997.)

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Big industry on its way

Thanks to the state’s density, a large marijuana industry is now eyeing Massachusetts.

According to the National Cannabis Industry Association, the estimated value for the U.S. legal cannabis industry in 2016 is $6.7 billion. It’s expected to hit $21.8 billion by 2020.

(AP Photo: Colorado pot harvest)

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Growing at home

Under the law Massachusetts voters passed on Nov. 8, people 21 years and older can possess up to 1 ounce of marijuana outside their home. Inside the home, they can possess up to ten ounces and grow up to six plants, also known as “home growing.”

Supplying marijuana to someone under the age of 21 remains illegal.

That all goes into effect on Dec. 15, 2016.

(AP Photo)

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A big caveat

But like many dates and provisions within the law passed by voters, that could change. Lawmakers on Beacon Hill, along with Gov. Charlie Baker, who like most elected officials opposed legalization, plan to perform some surgery on the law in 2017.

(AP Photo)

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Marijuana will be taxed

The legalization law calls for marijuana products and retail sales to be subject to the state sales tax and a 3.75 percent excise tax. Cities and towns can add a 2 percent tax, bringing the total to 12 percent.

Lawmakers believe that’s too low, though marijuana legalization advocates disagree.

(AP Photo)

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But how high?

Senate President Stanley Rosenberg, one of the few elected officials to support the ballot question, is among those calling for a higher tax rate, while backers of the legalization ballot question say they kept the tax rate low to drive down the black market.

"This is the lowest tax rate in all of the states that have legalized it so far, and we have to make sure that we cover all the costs of setting up the regulatory system and implementing and enforcing it," Rosenberg, D-Amherst, told reporters after the election. "We have to think about public safety costs and addiction prevention and treatment."

(Republican file photo)

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Home grow could be limited by lawmakers

Lawmakers could also seek to limit the “home grow.” A special Senate committee report on marijuana legalization, released months ago, called for a ban or at least a temporary prohibition. The report also recommended setting aggregate limits about how much marijuana can be grown within state borders every year.

(AP Photo)

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Cannabis Control Commission

The law sets up a three-member Cannabis Control Commission.

Mirroring the regulation of alcohol industry in Massachusetts, the law calls for the state treasurer to be tasked with the implementation of the commission. The governor appoints the advisory board to the commission.

Legalization advocates say the commission will look to how other states like Colorado implemented legal marijuana and adopt best practices.

(AP Photo)

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Timeline too tight?

Initial appointments to the commission must be made by March 1, 2017, but lawmakers might push that deadline back.

State Treasurer Deb Goldberg, who opposed legalization, has said the proposed implementation timeline is too tight.

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Retail shops in 2018?

Retail pot shops could be opening in 2018. But again, that depends on what Beacon Hill lawmakers change or leave alone as they start to look at the new law.

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Medical marijuana shops

Medical marijuana shops, which are under the state Department of Public Health, get a leg up in the regulatory process for retail pot shops, as outlined in the new law. Massachusetts voters legalized medical marijuana in 2012.

New England Treatment Access Inc., which has medical pot shops in Brookline and Northampton, is planning to get involved in the recreational side of the business as well.

(Photo by Don Treeger/The Republican)

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Operating under the influence

According to a summary of the ballot question, the law does not change existing laws about operating vehicles while under the influence, but that’s something state lawmakers could also roll up their sleeves and take on.

(Photo from Springfield Police)

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Cities and towns

Cities and towns can adopt restrictions on the time, place and operation of marijuana retail shops, and limit the number of marijuana shops. That requires a City Council vote and a voter referendum.

“A city or town could hold a local vote to determine whether to permit the selling of marijuana and marijuana products for consumption on the premises at commercial establishments,” a summary of the law says.

(AP Photo: Colorado pot harvest)

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Property owners and employers

Property owners are able to ban the use, sale or production of marijuana on their premises, the law’s summary says. Employers can ban marijuana consumption in the workplace.

(AP Photo)

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But not landlords

There is an exception: Landlords can’t ban marijuana consumption by their tenants “by means other than smoking.”

(AP Photo)

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Restrictions on location of retail shops

“State and local governments could continue to restrict uses in public buildings or at or near schools,” the law’s summary says.

(File Photo)

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Hemp industry

One big beneficiary of the marijuana legalization law? The hemp industry. Part of the marijuana family, hemp is considered a versatile plant that can be turned into t-shirts and rope.

The ballot measure includes a provision regulating the cultivating, processing and distribution and sale of hemp.

(Via Flickr, a photo of industrial hemp in New Zealand)

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What about other states?

Rhode Island may want to follow Massachusetts in legalization. They could do it through legislative means, rather than the ballot.

"Just hours after Massachusetts voters legalized recreational marijuana Tuesday, an advocate for a similar measure here was meeting with aides to Governor Raimondo at the State House to talk about the potential for legalization in Rhode Island," the Providence Journal reported.

(File Photo)

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Our neighbor to the north

In Maine, a recount is expected. The “Yes” side won narrowly, but legalization might not happen for a while. Gov. Paul LePage might also seek to block legalization.

The Portland Press Herald recently reported, "LePage said after the election that he will ask President-elect Donald Trump if his administration will enforce federal law against marijuana possession, before he decides whether to challenge the referendum vote."

(AP Photo)

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More to come on marijuana

Stay with MassLive.com as the new law and a new industry takes hold in Massachusetts.

(AP Photo)

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Which Mass. communities didn't want this and which ones did?

Here is a listing of 13 Massachusetts communities that voted enthusiastically for marijuana legalization.

And here are 24 communities that didn't want marijuana legalized in Massachusetts.

(File Photo/National Desk)