TURNER FILES MEDICAL MARIJUANA LEGISLATION

posted Jun 17, 2013, 6:08 AM by Cleon Turner   [ updated Jun 17, 2013, 6:11 AM ]

FOR IMMEDIATE RELEASE                              For Further Information Contact:

01/31/2013                                                                  Carly Fleming – 617-722-2090

Boston, MA- With the passage of Question 3 last November, medical marijuana is now legal in Massachusetts. The ballot initiative people voted for, however, provides limited grounds for regulation. In response to concerns about implementation of the law, State Representative Cleon Turner (D) Dennis, proposed four bills.

Turner believes the ballot question limits the parts of the new law that departments can regulate. Departments of the commonwealth can only draft regulations that they are legislatively permitted to address. According to Turner, there is nothing in the ballot question that would allow the department to address the issues of concern in his legislation.

“The voters have spoken and none of my proposals violate the intent of the law. My bills aim to clarify the law. In my opinion, if municipalities, employers and landlords attempt to regulate smoking medical marijuana on their properties, they will be challenged in court. It is unfair to cities and towns and private property owners to leave these obvious issues unclear and have them face the costs of litigation. Let’s clarify the law now,” said Turner.

Together, the four bills filed by Rep. Turner simply state that municipalities, employers, property owners and landlords can regulate smoking marijuana on their properties and that doing so shall not be deemed to be discrimination based on a medical condition. The bills also state that, where regulations already exist regarding smoking, generally, those regulations automatically apply to smoking medical marijuana.

“If I take medication in a public space, it usually affects no one but me. But, If I smoke marijuana in a public space, it has a potential to affect others just as smoking cigarettes does,”

said Representative Turner. “My legislation will make sure that people will be able to gain access to medical marijuana as the ballot question provides but limits its use when using it will affect other people.

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Text of the legislation is as follows:
House Docket 909 An Act to affecting municipal rights regarding medical marijuana.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding any law or special law to the contrary, cities, towns, districts, school districts or regional school districts may regulate, including prohibiting, the use of marijuana, including medical use of marijuana used for medicinal purposes. Prohibition of the use of or smoking marijuana, including medical use of marijuana on public property, shall not be deemed to be discrimination due to a medical condition under the laws of the commonwealth.

House Docket 911 An Act clarifying municipal regulations regarding medical marijuana.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding any law or special law to the contrary, any city, town, district, school district or regional school district that has regulated smoking on public property within such city, town, district, school district or regional school district shall be deemed to have prohibited smoking of any marijuana as defined in Chapter 94 of the general laws, including medical use of marijuana, unless such city, town, district, school district or regional school district has affirmatively voted to allow smoking of medical marijuana on their properties. Prohibition of smoking marijuana, including medical use of marijuana on public property, shall not be deemed to be discrimination due to a medical condition under the laws of the commonwealth.

House Docket 913 An Act to affecting property owners and employers rights regarding medical marijuana.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding any law or special law to the contrary, any person or entity that has regulated smoking on private property including business property open to the public, owned or controlled by such person or entity shall be deemed to have prohibited smoking of any marijuana as defined in Chapter 94 of the general laws, including medical marijuana, unless such

person or entity affirmatively permits smoking of medical marijuana on their properties. Prohibition of smoking marijuana, including medical marijuana on private property, shall not be deemed to be discrimination due to a medical condition under the laws of the commonwealth.

House Docket 915 An Act affecting Landlords’ rights regarding medical marijuana.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding any law or special law to the contrary, residential and commercial landlords may regulate smoking of marijuana used for medicinal purposes on or in property that such landlord owns or controls. Prohibition of the use of or smoking marijuana, including medical use of marijuana on rental property, shall not be deemed to be discrimination due to a medical condition under the laws of the commonwealth. 

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