HB 87

Abstract

Marijuana; legalization of simple marijuana possession;penalties. Eliminates criminal penalties for possession of marijuana forpersons who are 21 years of age or older. The bill also decriminalizesmarijuana possession for persons under 21 years of age and provides a civilpenalty of no more than $100 for possession of (i) two and one-half ounces orless of marijuana or (ii) 12 or fewer marijuana plants and a civil penalty ofno more than $500 for possession of more than (a) two and one-half ounces ofmarijuana or (b) 12 marijuana plants. Under current law, a first offense ispunishable by a maximum fine of $500 and a maximum jail sentence of 30 days,and subsequent offenses are a Class 1 misdemeanor. The bill also modifiesseveral other criminal penalties related to marijuana. The bill establishes aregulatory scheme for the regulation of marijuana cultivation facilities,marijuana manufacturing facilities, marijuana secure transporters, marijuanatesting facilities, retail marijuana stores, and marijuana microbusinesses bythe Board of Agriculture and Consumer Services. The bill imposes an additionaltax of 10 percent on retail marijuana and retail marijuana products sold byretail marijuana stores and microbusinesses and directs the first $20 millionof such revenues, after expenses of the Board are paid, to the VeteransTreatment Fund, established in the bill. The remaining tax receipts will bedistributed to the localities in which the businesses operate, toward thestate's share of Standards of Quality basic aid payments, and to theCommonwealth Mass Transit Fund. The bill also expands the legal medical uses ofmarijuana and tetrahydrocannabinol from only cancer and glaucoma to any use toalleviate the symptoms of any diagnosed condition or disease determined by theprescribing doctor to benefit from the use of such substance.