Election 2026 › Ballot questions
Question 8
Recreational marijuana
This question asks voters whether to repeal the law that legalized the sale and use of recreational marijuana, and whether to create civil penalties for the possession of one to two ounces of marijuana.
What your vote means
If this passes
It would nullify existing state statutes that allow for the sale, possession, and use of recreational marijuana. It would also eliminate the regulations and tax rules governing the industry. And, it would create a $100 fine for those over 21 found to have more than one but less than two ounces of marijuana on them.
If this fails
The existing law, which establishes the regulated industry of recreational marijuana cultivators and retailers, would be left in place. Licensed shops could continue selling cannabis to customers over the age of 21.
The breakdown
A decade after voters approved the legalization of recreational cannabis through a 2016 ballot measure, the Coalition for a Healthy Massachusetts is asking them to reverse course. The organization is seeking to repeal the laws governing non-medical marijuana distribution and taxation, shutting down the state’s recreational marketplace. Adults aged 21 and older would still be allowed to possess up to one ounce without criminal penalty.
The Coalition for a Healthy Massachusetts, which is backed by the national anti-legalization organization Smart Approaches to Marijuana, and its allies say legalizing recreational marijuana has increased youth access to cannabis. That, in turn, has led to more marijuana-related traffic incidents and harms to overall public health. (Smart Approaches to Marijuana is funding a similar repeal effort in Maine.)
The main opposition group, Stop the Repeal, a coalition of marijuana industry leaders, argues that the question would dismantle an industry that has generated hundreds of millions of dollars in tax revenue and created thousands of jobs, all while making the purchase of cannabis safer.
The measure, if successful, would make Massachusetts the first state in the country to dismantle its recreational cannabis market. Retail marijuana stores would either have to apply to become medical dispensaries or sell their inventory to one. The Cannabis Control Commission would remain to regulate medical marijuana sales.
Effective date
January 1, 2028
What this does NOT change
Laws governing the legal sale and use of medical marijuana in Massachusetts.
How did we get here?
In 2016, nearly 54 percent of Massachusetts voters said yes to approving a ballot measure legalizing recreational marijuana.
In September 2025, proponents of a petition called “An Act to Restore a Sensible Marijuana Policy” began gathering the necessary signatures in support of the initiative. The ballot measure has survived several attempts to block it through the courts.
In January, Thomas Kiley, an attorney who was involved with drafting the 2016 ballot initiative legalizing recreational marijuana, filed a challenge to the ballot initiative in court alleging that the campaign misled voters during the signature-gathering process. The State Ballot Law Commission dismissed the objection.
In April, a group of social equity entrepreneurs filed a lawsuit before the Supreme Judicial Court (SJC) arguing that the attorney general’s office should have deemed the question ineligible. They argued it combined unrelated topics and would allow a “taking of private property without providing compensation.” The SJC ruled in June that the attorney general’s office properly certified and summarized the question.
In July, Kevin Gilnack, who leads a cannabis advocacy group, filed an objection to the measure in court, alleging that some signatures were invalid for a variety of reasons, including illegible handwriting, missing street addresses, and signature fraud. The ballot law commission ruled against most of those claims, citing a lack of substantial evidence.
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Massachusetts voters legalize recreational marijuana.
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The drug becomes legal for use for those ages 21 and older.
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The Legislature approves Chapter 55 of the Acts of 2017, establishing the Cannabis Control Commission.
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First recreational marijuana shops open for business.
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The state Elections Division announces that it certified 78,301 signatures backing a petition called “An Act to Restore a Sensible Marijuana Policy.”
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Challengers of the proposal file an objection citing concerns about how signatures in support of the proposed ballot initiative were collected. The State Ballot Law Commission dismisses the objection.
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The Supreme Judicial Court rules that the attorney general’s office properly certified and summarized the question after opponents sued, claiming that the measure violated a constitutional principle by combining unrelated topics and allowing a “taking of private property without providing compensation.”
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The ballot law commission rules against a last-minute claim that some of the campaign's signatures were invalid. State election officials then assign a number to the ballot question.
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Voters decide whether to keep or repeal recreational marijuana legalization.
What is each side saying?
Supporters say
A Mass General Brigham study published in 2025 found that after legalization, rates of cannabis use and cannabis-related disorders disproportionately increased among adolescents aged 12 to 17 years who sought psychiatric emergency services. Tax revenue from recreational marijuana sales does not make up for the associated economic and societal costs of legalization, such as increased costs on health care, lost productivity, and crime at the cost of taxpayers and businesses.
Opponents say
The question would dismantle an industry that has grossed more than $1.6 billion in 2025 and generated nearly $300 million in state tax revenue in fiscal year 2025, according to the Cannabis Control Commission. The industry also supports 20,000 jobs across Massachusetts. Repealing recreational legalization would push marijuana consumers into the illicit market where the drug would not be as heavily regulated.
Money matters
The charts show the largest contributors to each campaign. Totals combine all donations made by the same donor throughout the campaign and include both monetary and in-kind contributions. Figures are cumulative and reflect overall donor support during the reporting period.
Dive into the data
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