Final challenge for Massachusetts adult-use cannabis repeal effort before November election

A controversial ballot initiative that would end Massachusetts’ $1.65 billion annual cannabis industry appears poised to appear before voters in November, as long as it survives one final challenge next week.

Supporters of the so-called “Act to Restore Sensible Marijuana Policy,” bankrolled by a prominent national anti-marijuana organization, submitted just enough signatures by a July 1 deadline to qualify for the Nov. 3 ballot, state Elections Division First Deputy Secretary Michelle Tassinari wrote in a July 9 letter obtained by MJBizDaily.

Tassinari’s office validated “12,551 certified signatures” out of 12,889 received by July 1, she wrote. That came after the campaign collected nearly 75,000 signatures from registered voters last fall.

If passed by voters, it would be the first time a state recriminalized a legal adult-use cannabis market after years of regulated sales. South Dakota voters passed recreational cannabis in 2020 before a later state Supreme Court ruling invalidated the vote, but sales never began.

Medical cannabis sales and adult-use cannabis possession would both remain legal.

However, the Massachusetts repeal effort needs to clear one more hurdle.

Will Massachusetts repeal adult-use cannabis sales?

The State Ballot Law Commission is scheduled to hear yet another citizens’ objection on Wednesday, according to a notice provided by the Secretary of State.

The objection, filed by Boston-area resident Kevin Gilnack, repeats several allegations made since late last year, including claims that signature gatherers employed by the campaign used misleading or deceptive behavior to entice voters to sign petitions.

According to a copy of Gilnack’s complaint, objections include:

• Signatures were falsified or otherwise “not genuine”
• Signatures “were obtained through fraudulent means”
• Signatures counted toward the total despite being from “voters who subsequently requested their names be removed”

However, the campaign has so far survived a similar challenge brought earlier this year to the original signature batch.

Will other states halt adult-use cannabis sales?

The Massachusetts campaign is so far the only successful effort by Smart Approaches to Marijuana, a Washington, D.C.-area anti-cannabis organization, to present the question of repealing adult-use cannabis sales before voters.

A similar effort in Arizona was abandoned, in part because the local sponsor felt he was misled about the cannabis industry, he later said. Another effort in Maine, bankrolled by SAM to the tune of $2 million, says it’s on track to qualify for the off-cycle 2027 ballot.

The Massachusetts effort reported receiving $1.55 million in contributions through the end of 2025, the most recent data available.

It remains to be seen how much SAM or other cannabis foes can contribute to the campaign to convince voters to end cannabis sales – and whether the cannabis industry can wage a competing campaign.

A Stop the Repeal effort launched late last month but had only $10,500 on hand, according to the most recent filings.