Court rejects bid to derail ballot question to repeal marijuana legalization

The initiative petition that would undo the 2016 legalization of recreational marijuana in Massachusetts can continue advancing toward November’s ballot, the state’s high court said Friday in a ruling that also deemed the attorney general’s summary of the question to be fair.

A handful of participants in the state program that provides funding to boost opportunities for entrepreneurs disproportionately impacted by marijuana prohibition and enforcement filed a lawsuit seeking to remove the question from this year’s ballot. The plaintiffs argued that Attorney General Andrea Joy Campbell’s required summary of the initiative left out key details and that the AG should not have certified the multifaceted measure because it contains unrelated policy sections.

The Supreme Judicial Court disagreed in a 20-page opinion written by Justice Bessie Dewar.

“The Attorney General argues that the petition’s various parts all relate to the common purpose of restricting the use of recreational marijuana through a new integrated scheme for marijuana regulation. We agree and are not persuaded by the plaintiffs’ arguments to the contrary,” the jurist appointed by Gov. Maura Healey, an opponent of 2016’s legalization, wrote.

Elsewhere in the ruling, Dewar wrote, “We conclude that the Attorney General did not err in certifying the petition on either of the claimed grounds, and that her summary of the petition is fair.”

Massachusetts voters legalized recreational cannabis through a 2016 ballot measure. The Coalition for a Healthy Massachusetts is advancing this year’s ballot question, which would repeal legalization of non-medical marijuana, allow adults 21 or older to possess and gift up to an ounce of marijuana (possession of up to second ounce would carry a civil penalty), make it a civil infraction for people younger than 21 to possess up to two ounces, and allow retail marijuana stores to either apply to become medical dispensaries or sell their inventory to one. The Cannabis Control Commission would remain, but only to regulate the medical sector.

“Massachusetts is just not as comfortable a place to live in anymore … We walk across the common and smell weed. I drive down [Interstate] 93, the car in front of me is a hotbox. It’s everywhere. It’s pervasive,” Wendy Wakeman, a veteran of Republican Party politics who is working as spokeswoman for the ballot campaign, told lawmakers in March.

The Legislature’s Special Joint Committee on Initiative Petitions recommended that lawmakers take no action on the idea this spring, and most members of the committee signed onto a report that details tax revenue, public health and public safety concerns with the idea.

“The Committee finds that the proposal lacks sufficient detail regarding implementation and enforcement mechanisms, including how existing regulatory authority would be modified, transferred, or eliminated. This absence of clarity creates legal uncertainty with respect to the continued applicability of current statutes and regulations, as well as the roles of state agencies responsible for oversight of the cannabis industry,” the report said. It added, “The majority of the Committee therefore finds that, as drafted, the proposal does not adequately address these operational, fiscal, and public safety considerations.”

Legal cannabis sales grossed more than $1.65 billion in 2025, and generated $289 million in state tax revenue in fiscal year 2025, according to the CCC.