Jim Borghesani, director of communications for the 2016 legalization campaign and a cannabis industry consultant, said under state law if the governor, the Governor’s Councilor or the House or Senate requests an advisory opinion, the attorney general has a duty to do so.
“We would like all of them to, but all it takes is one of them. The House, the Senate, the Governor’s Council, they all represent constituents that want access to legal cannabis,” said Borghesani.
Last month when Baker shut down all non-essential businesses, he included recreational marijuana distribution. He said keeping the stores open would harm the state’s ability to control the spread of the virus because they draw many customers from other states where recreational marijuana remains illegal.
Marijuana retailers are still allowed to provide medical marijuana.
Marijuana advocates have said they can address Baker’s concerns by restricting sales of recreational marijuana to only Massachusetts residents if they reopen.
“I think it should satisfy the governor’s concerns and it would be perfectly acceptable to business owners and I think many members of the Legislature,” said Borghesani. “So I think there is an easy solution. But up to this point the governor refuses to even contemplate that solution, so that’s why we’re asking for an opinion.”
Last week a group of marijuana business filed a lawsuit against Baker. The lawsuit, filed Wednesday, asks the court to allow recreational pot shops to reopen, saying the closure will cause serious harm to the industry.
There is support from members of the House and Senate for the reopening of retail cannabis sales with the proper conditions.