Thirty Massachusetts legislators ask Governor to designate cannabis shops as essential
More than 2,000 "recreational" dispensary employees laid off
Follow @theyoungjurks & @mikecannboston on Twitter & join The Young Jurks Facebook group
Governor Charles D. Baker
Office of the Governor
Secretary Marylou Sudders
c/o MA Department of Public Health
Governor Baker and Secretary Sudders,
On behalf of ourresidents, we are writing to ask for your consideration in amending the Administration’s “COVID-19: Essential Services” designation to includeadult-use marijuana establishments as “essential.” While we support and appreciate the concerns you have expressed regarding the need for social distancing during these unprecedented times, we believe that this highly regulated industry—perhaps more than anyother—is well prepared and able to institute additional restrictions, including lawfully excluding all out-of-state residents to address these concerns. As you may know, adult-use marijuana establishments are the Commonwealth’s only industry ineligible for any federal relief funds or small business (SBA) loans due to the federal government’s archaic classification of cannabis, leaving more than 2,000 furloughed or unemployed working families relying solely on our state’s already cash-strapped benefits programs. With over $619M in retail sales since November 2018, and already $157M just since January 2020 alone, the cannabis industry has brought in well over $115M in state and local revenues, including municipal host community agreement fees. With Massachusetts Lottery salesdecliningto 15-year lows and the Massachusetts Taxpayers Foundation (MTF) predicting recessionwith2021 fiscal losses anticipated at3-5% or $2-3 billion, these critical local marijuana revenues can mean hundreds of thousands, if not millions of dollars in local municipal aid at a time the Commonwealth is planning large-scale budgetary setbacks.
These are revenues for schools, roads, public safety, and much, much morethat our municipalities require. While the state is non-votingmember of Multi-State Lottery Associationand lacks any significant control over the fate of our lottery system, we do control—exclusively—ourtightly regulatedcannabis industry. Finally, we believe adult-use sales can occur safely and within the very appropriate public health guidelines youand your Administration have established. Medical Marijuana Treatment Centers are continuing to operate and are demonstrating that by employing a combination of social distancing, online ordering, and curbside pickup, they can do so safely. Adult use establishments–many of which have long employed online ordering as a key part of their business –can employ these same strategies in combination with requiring customers to present a Massachusetts driver’s license or other proof of Massachusetts residency to even access the establishment. We understand that such a residency restriction would not violate the Commerce Clause due to the federal Controlled Substances Act’s affirmative ban on interstate commerce of marijuana. As such, the Commerce Clause does not protect out-of-state cannabis purchasers from “discrimination” by the Commonwealth, particularly given the temporary nature of these public health measures during an unprecedented state of emergency. Simply, our municipalities require these local revenues. Cannabis sales in the Commonwealth will not cease as a result of closing adult use establishments.In times of social isolation and home quarantine, sales will readily continue withinthe illicitmarket, with the attendant risks (such as unregulated and dangerous vaporizer cartridges) and benefits to criminal enterprises that adult use legalization has sought to end. We applaud and sincerely appreciate the unprecedented response our state is engaged in with your leadership. However, while other similar retail shops are continuing to operate in a limited capacity, such as liquor stores and flower shops, we respectfully encourage you to reconsider including adult-use marijuana establishments as essential businesses.
Thank you for your consideration of this matter,
STATE SENATORS:
HARRIETTE L. CHANDLER
NICK COLLINS
BRENDAN P. CRIGHTON
DIANA DIZOGLIO
RYAN C. FATTMAN
ANNE M. GOBI
JOAN B. LOVELY
MICHAEL O. MOORE
JAMES T. WELCH
BRIAN M. ASHE
DANIELCAHILL
EDWARD F. COPPINGER
DANIELM. DONAHUE
NIKAC. ELUGARDO
TRICIA FARLEY-BOUVIER
PAUL K. FROST
DANIELLE W. GREGOIRE
KEVIN G. HONAN
MARY S. KEEFE
JAMES M.DAVIDHENRY
KELCOURSE
ARGOSKY LEBOEUF1
JACK PATRICK LEWIS
JOHNJ.MAHONEY
PAUL W. MARK
LIZ MIRANDA
LENNY MIRRABRIAN W. MURRAY
MARIADUAIMEROBINSON
MICHAEL J. SOTER
PAUL F. TUCKER
CHYNAH TYLER
ANDRESX. VARGAS
AARON VEGA
SUSANNAH M. WHIPPS
HARRIETTE CHANDLER
NICK COLLINS
BRENDAN CRIGHTON
DIANA DIZOGLIO
RYAN FATTMAN
ANNE GOBI
PATRICIA JEHLEN
JOAN LOVELY
MICHAEL MOORE
JAMES WELCH
STATE REPS:
BRIAN ASHE
DANIEL CAHILL
DANIEL DONAHUE
NIKA ELUGARDO
TRICIA FARLEY-BOUVIER
PAUL FROST
DANIELLE GREGOIRE
MARY KEEFE
DAVID LEBOEUF
JAY LIVINGSTONE
JOHN MAHONEY
PAUL MARK
LENNY MIRRA
BRIAN MURRAY
MIKE SOTER
PAUL TUCKER
CHYNAH TYLER
ANDRES VARGAS
AARON VEGA
SUSANNAH WHIPPS