Administration Counter to Senate Proposal of Revisions to S.

22
June 14th, 2017

Technical amendment to the language defining public place.

We accept the language you propose.

New search and seizure language added. The intent is simply if you possess over the
amount allowed by law (either as 21= or a medical patient), or possess where you
shouldnt (in a child care center), or consume where you shouldnt (in a car or in public)
your marijuana can be seized. (The ACLU/DG/AG have signed off on this)

We accept the language you propose.

Two tweaks to sections 8 and 9 changing the word furnish to dispense and adding a
statement that clarifies that the statute does not preclude prosecution under other
provisions of law.

o Thank you for the change to furnish. We believe this adds clarity. We are not
clear to what extent enable consumption is subsumed in the definition of
dispense. We also just want to be clear that the penalties set forth in this
section are in addition to any other penalties. Finally, in the carve out for the
under-21 year old dispensing marijuana, we would like to understand the intent.
It seems as though dispensing under an ounce will result in no penalty, while
dispensing over an ounce will result in very harsh consequences. Specifically, we
call your attention to:
The need for clarity in (c) and (d) that the penalties are in addition to any
other penalty;
Questions as to intent in (e): a person under 21 may dispense to or enable
consumption of marijuana of another person between 18- 21 but 4230(b)
still applies? So if someone under 21 dispenses more that an ounce to
someone 18-21 they are subject to 5 years and $100,000?
In 4230g need to add enabling consumption since you still maintain a
distinction between dispensing and enabling consumption.

Increase of penalty for passenger consumption of marijuana to a $200.00 civil penalty.

We accept your counter of a $200.00 civil penalty; however

o We re-offer inclusion of a definition of open container, pulled from
Massachusetts law. If you are not comfortable with this definition, perhaps it is an
item the Commission can examine.

Increase of penalty for using marijuana in car with a child to a $500.00 civil penalty.

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 o The Governors primary concerns to resolve to move forward are protecting
minors and ensuring highway safety and this scenario represents a strong
intersection of these two issues.
Therefore, we request that this be classified as a misdemeanor crime, as
you have done for cultivating marijuana in a child care center or after
school program.
Add stepped up penalties for second and third offenses.
o Clarify this relates to children under 18.
o Clarify points may be assessed.

Establishment of misdemeanor crime for using or knowingly cultivating marijuana in a

child care center or after-school program, punishable by a fine of not more than $500.00.

o We are pleased that you accepted the Governors request to make this action a
criminal offense. As mentioned above, the Governors primary concerns to
resolve to move forward are protecting minors and ensuring highway safety.
To provide parity with Sec. 15, please add stepped up penalties for second
and third offenses.

Various tweaks to the Commission, including additional members, reworking of

subcommittees and charge, changing due date to January 15, 2018, changing staffing to
direct Legislative Council to provide assistance with legislative members and to draft
legislation for the Commission.

o Thank you for adding the Department of Tax, the Department of Health and the
Department of Public Safety to the Commission, and for taking steps to edit the
charge so it more closely addresses the Governors concerns. You will find the
following proposals for counter amendments:
We have thus far had conversations about balance on the Committee
between the Executive and Legislative Branches. Therefore, we would
like you to consider adding the Secretary of Commerce. Realizing that this
will create a 14-member Commission, we recommend having one of the
members be a non-voting member, who only votes in the event of a tie.
The Governor is also willing to have the Committee elect the Chair, it
does not have to be his appointee.
Legislation proposed by the Committee should be accompanied by a fiscal
note for the administration, enforcement, training, safety and prevention
education.
The Committee should consider third party liability under a regulatory
commercial adult-use market.
The Governor asks again to push out the date for final legislation
implementing a commercial marketplace. In the interim, the we
recommend having the Commission introduce legislation next biennium
that addresses highway safety and a prevention and education programing,
with the accompanying fiscal note and budget appropriation. Once we
have taken measurable steps to ensure public safety on our roads, and to

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protect our children with education and prevention programming, we can
feel more comfortable debating a tax and regulate system the following
year.

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