PITTSFIELD, Mass. — Recreational marijuana use is now legal for adults in Massachusetts. 

 

But don't expect much of a difference, other than reading a few news stories or seeing some Facebook posts. While home use is now legal, retail stores won't be opened until at least 2018 and lawmakers have already toyed with the idea of delaying that timeline.

 

Thursday's legalization had almost been delayed but two days ago, Senate President Stanley Rosenberg and Speaker of the House Robert DeLeo issued a joint statement saying they had no intentions of doing that.

 

"The voters spoke in favor of legalized recreational marijuana on November 8th and we fully intend to respect the will of the voters. While we analyze the provisions of the new law and its implementation we will not be passing legislation that changes the December 15th effective date for possession, use, and home growing," the brief statement reads.

 

The law was passed by voters on the November ballot, with Massachusetts joining seven other states to essentially treat marijuana in the same way as alcohol.

 

The law restricts use from public places and it is illegal to buy it from anywhere but a licensed retailer — retailers who won't even be able to apply for a license until fall 2017 or to open until 2018. 

 

From now until then is what is being referred a "gray area" when it is legal for those over the age of 21 to use pot but illegal to buy it. 

 

The only difference on Thursday from Wednesday would be that police won't be able to hand out a civil fine for those using it in their homes, which was the case after a 2008 vote to deregulate the drug. Residents can grow up to six plants per person with a maximum of a dozen per household. Selling it is still against the law.

 

Enforcement of marijuana-related crimes had pretty much fallen off the map anyway. Beyond those civil infractions, the Berkshire County Law Enforcement Task Force in 2015 made just 127 pot-related arrests; in 95 percent of those cases, the drug was found on top of cocaine, heroin, or other illegal drugs. Only 18 people were charged with marijuana crimes and only one received a fine — the rest of the cases were either dismissed or continued without a finding.

 

So Thursday won't look a whole lot different but it does represent a milestone as the state begins to roll out a new industry. 

 

This January, the Legislature will have a chance to make changes to the law in the new session. Rosenberg has already suggested raising the age of use to 25 while other lawmakers have suggested other tweaks. Treasurer Deb Goldberg, who opposed the ballot initiative, is charged with creating a three-member Cannabis Control Commission to oversee the law by the end of March. 

 

State Rep. Paul Mark, D-Peru, says he wants somebody from Western Massachusetts on the commission to bring in the "small-town perspective where local regulations are harder to develop and enforce due to our limited population and scarce financial resources."

 

As for getting pot shops up and running, Mark believes the state won't need to delay that.

 

"I am not looking for any delays at this time. I think that a 2018 window gives the state government time to get clear rules and regulations in place for retail establishments, and I am hopeful that this process will be more streamlined and roll out more smoothly than medical marijuana has since it was approved by the voters," Mark said.

"I think we already have most of that work done," Pignatelli said. "This is not reinventing the wheel."

 

Pignatelli said those medical marijuana delays were because the concept was brand new to the lawmakers. For recreational, he says lawmakers can just follow the model created in 2012, speeding up the process. At this point, there are three or four medical marijuana dispensaries approved to open in the Berkshires. 

 

Pignatelli had opposed the ballot question and he has some changes he'd like to make to the law. He's concerned about packaging, the contents of edibles, and the level of taxation. 

 

"I think there are a lot of things that need to be tweaked," he said. "People voted on a concept but it is a concept with no rules and regulations."

 

The law calls for a 3.75 percent excise tax on marijuana products while allowing cities and towns to add a 2 percent tax. Pignatelli says he wants to make sure the tax isn't placed at a level that would encourage black market use. 

 

"We can't tax ourselves out of the market. People will just go buy it on the black market," Pignatelli said. "We need to make sure we are competitive [on pricing]." 

 

He also wants some rules in place to keep any pot products from being packaged in ways that appear enticing to children. And he wants labels to clearly outline what the consumer is buying. While Pignatelli may have opposed the measure, he said will be looking at how industrial hemp will be controlled in hopes to see an economic boom in the Berkshires.

 

Hemp, once a mainstay crop used to make everything from cloth and paper to oils and foods to biofuels and construction materials, was linked to its psychotropic cousin in the 1930s and finally banned outright by the 1970s. Canada, which reintroduced hemp in 1998, now exports about $100 million worth.

 

"This could be a real benefit to our local farmers," Pignatelli said.

 

Mark also wants agriculture and economic development to remain a focus with the rollout. While at the same time, he wants to ensure the rules surrounding retail establishments are clear and the product doesn't end up in the hands of those under the age of 21.

 

"I think that the most important issues to keep an eye on as this gets rolled out are to make sure it stays out of the hands of anyone 21 or younger, that there are clear rules on what can be sold and possessed and where it can be sold and used legally, that there is a reasonable level of local control over retail establishments, and that there is a focus on local economic and agricultural development as this new industry begins in our state," Mark said.

 

So Thursday will likely seem like any other day but it is the start of a process state officials will be embarking on in the next year to fulfill the voters' wishes for legal pot.