The law legalizing cannabis on the Massachusetts governor’s desk needs an overhaul — here’s why

Through Jelena Martinovic

Last Sunday, the Massachusetts House of Representatives and Senate both passed a compromise cannabis bill that stands ready to create a fairer environment in the legal marijuana industry.

Senate Bill 3096, which aims to promote diversity in the sector and regulate the Host Community Agreement (HCA) between cannabis companies and municipalities, also includes the proposed study of medical marijuana use in schools.

With the measure now on its way to Gov. Charlie Baker’s desk, the American Academy of Pediatrics “restricts medical marijuana outside of the U.S. Food and Drug Administration’s regulatory process,” an academy spokesman told the Boston Herald Tuesday.

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“The Cannabis Control Commission, in consultation with the Department of Elementary and Secondary Education and the Department of Public Health, is conducting a study into the possession, administration and use of medical marijuana, as defined in Chapter 94I, in public or private schools im Commonwealth in relation to students,” reads the proposed measure.

Athol official Shaun Suhoski is fighting for existing agreements with the host community

Meanwhile, Athol City Manager Shaun Suhoski wrote a letter to Governor Baker asking Gov. Baker to revise the legislation to address host community agreements already signed by municipalities and marijuana companies that include so-called “community impact fees.” reported Athol Daily News.

“For all the good in this social justice legislation, there is also a dose of injustice with the potential invalidation of over 1,000 existing contracts negotiated in good faith between the cannabis industry and communities that have an incentive to incorporate new and previous contracts illegal deals,” Suhoski said.

RELATED: Child poisoning cases rise as Massachusetts cannabis sales grow

What’s on the bill? The measure calls for 15% of the money in the Marijuana Regulation Fund, which is fueled by the state’s cannabis use tax, various operating fees and industry penalties, to be allocated to a new social justice trust fund. The new fund would provide grants and loans to people from communities hardest hit by the drug war who are now interested in entering the cannabis industry.

In addition, the new bill gives the Cannabis Control Commission central authority to evaluate and approve host community agreements before a cannabis operation receives its final license.

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However, Suhoski said the final version of the measure, which has passed both chambers, leaves room for the regulator to discard or amend existing agreements with the host community when they come up for renewal.

“There is no exception to the existing agreements with the host communities,” Suhoski explained, “there is so much good in the bill, but one point, at the expense of the cities and communities – the vast majority of which negotiated in good faith, many.” Cases followed conditions presented to the community by the cannabis industry. They are contract law, and the final bill on the governor’s desk would now subject these existing arrangements to review by a state agency, rather than the court system, on how contract law is decided.”

This article originally appeared on Benzinga and has been republished with permission.