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HOUSE DOCKET, NO. 2820 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 117
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David M. Rogers
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to vertical integration of medical marijuana businesses.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/19/2023Lindsay N. Sabadosa1st Hampshire1/19/2023David F. DeCoste5th Plymouth2/1/2023Angelo J. Puppolo, Jr.12th Hampden2/2/2023Patricia A. Duffy5th Hampden2/2/2023Susannah M. Whipps2nd Franklin2/2/2023David Henry Argosky LeBoeuf17th Worcester2/6/2023Jon Santiago9th Suffolk2/6/2023Michael J. Soter8th Worcester2/10/2023Jacob R. OliveiraHampden, Hampshire and Worcester2/13/2023James Arciero2nd Middlesex2/15/2023Daniel Cahill10th Essex2/17/2023John J. CroninWorcester and Middlesex3/8/2023 1 of 8
HOUSE DOCKET, NO. 2820 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 117
By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 117) of
David M. Rogers and others relative to medical marijuana businesses. Cannabis Policy.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to vertical integration of medical marijuana businesses.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Paragraph (4) of subsection (d) of Section 2 of Chapter 62 is hereby
2amended by striking out "medical marijuana treatment center” and inserting in place thereof the
3following words:-
4 medical marijuana establishment
5 SECTION 2. Paragraph (4) of Section 30 of Chapter 63 is hereby amended by striking
6out “medical marijuana treatment center” and inserting in place thereof the following words:-
7 medical marijuana establishment
8 SECTION 3. Section 4 of chapter 64N of the General Laws is hereby amended by
9inserting after the words “medical marijuana treatment center” the following:-
10 , medical marijuana establishment, 2 of 8
11 SECTION 4. Section 1 of chapter 94I of the General Laws is hereby amended by striking
12the definitions of “Card holder”, “Cultivation registration”, “Locked area”, “Medical marijuana
13treatment center”, “Medical use marijuana”, “Medical use marijuana license”, “Registration
14card”, and “Temporary Registration”, and inserting the following definitions:-
15 “Card holder”, a registered qualifying patient, personal caregiver or agent of a medical
16marijuana establishment who has been issued and possesses a valid registration card.
17 “Cultivation registration”, a registration issued to a fully integrated medical marijuana
18treatment center or medical marijuana cultivator to grow medical use marijuana under the terms
19of this chapter, or to a qualified patient or personal caregiver.
20 “Fully integrated medical marijuana treatment center” a medical marijuana-related
21business licensed by the commission with the ability to cultivate, manufacture, process, and sell
22medical use marijuana to qualifying patients, personal caregivers, and medical marijuana
23establishments.
24 “Locked area”, a closet, room, greenhouse or other indoor or outdoor area equipped with
25locks or other security devices, accessible only to registered and authorized medical marijuana
26establishment employees, registered qualifying patients or registered personal caregivers.
27 ''Medical marijuana establishment'', a medical marijuana cultivator, medical marijuana
28product manufacturer, fully integrated medical marijuana treatment center, medical marijuana
29retailer or any other type of medical marijuana-related business licensed by the commission.
30 ''Medical marijuana treatment center'', the premises approved under a fully integrated
31medical marijuana treatment center license 3 of 8
32 “Medical use marijuana”, marijuana or marijuana accessories sold by a medical
33marijuana establishment or a fully integrated medical marijuana treatment center to a card holder
34for medical use or marijuana or marijuana accessories possessed by a qualifying patient under a
35cultivation registration.
36 “Medical use marijuana license”, a license issued by the commission that permits the
37licensee to operate a medical marijuana establishment or a fully integrated medical marijuana
38treatment center.
39 “Registration card”, a personal identification card issued by the commission to a
40registered qualifying patient, personal caregiver, laboratory agent or agent of a medical
41marijuana establishment or a fully integrated medical marijuana treatment center. The
42registration card facilitates verification of an individual registrant's status, including, but not
43limited to, verification that a registered healthcare professional has provided a written or
44electronic certification to the qualifying patient; that the patient has designated the individual as a
45personal caregiver; that a laboratory agent has been registered with the commission and is
46authorized to possess and test marijuana; or that an agent has been registered with the
47commission and is authorized to work at a medical marijuana establishment or a fully integrated
48medical marijuana treatment center. A temporary registration issued to a qualifying patient shall
49be deemed a registration card.
50 “Temporary Registration” an interim registration document for patients and their personal
51caregivers generated automatically upon the commission's receipt of a healthcare professional's
52electronic certification. The temporary registration document shall constitute a registration card
53for patients and their personal caregivers to access a medical marijuana establishment or a fully 4 of 8
54integrated medical marijuana treatment center. Temporary registration shall expire 14 days after
55the commission issues the registration card.
56 SECTION 5. Subsection (c) of Section 2 of chapter 94I of the General Laws, is hereby
57amended by striking “medical marijuana treatment center” and inserting in place thereof the
58following words:-
59 medical marijuana establishment
60 SECTION 6. Section 2 of chapter 94I of the General Laws, is hereby amended by adding
61the following subsection:-
62 (f) The commission may establish and enforce license tiers to make available separate
63license classes, including but not limited to: medical marijuana product manufacturer, medical
64marijuana cultivator, fully integrated medical marijuana treatment center, and medical marijuana
65retailer. The commission may promulgate the rules and regulations relative to medical license
66classes established under this subsection and shall have the power to encourage full participation
67in the medical marijuana industry by people from communities disproportionately harmed by
68cannabis prohibition and enforcement.
69 SECTION 7. Section 7 of chapter 94I, is hereby amended by striking the words “medical
70marijuana treatment centers" and inserting in place thereof the following words:-
71 medical marijuana establishments, and for any classes of license under subsection (f) of
72section 2 of this chapter, 5 of 8
73 SECTION 8. Chapter 94G is hereby amended, in section 1, by striking out the definitions
74of “Host community”, “Host community agreement”, and “Independent testing laboratory”, and
75inserting the following definitions:-
76 “Host community” a municipality in which a marijuana establishment or a medical
77marijuana establishment is located or in which an applicant has proposed locating a marijuana
78establishment or a medical marijuana establishment.
79 “Host community agreement” an agreement between a marijuana establishment or a
80medical marijuana establishment and a municipality pursuant to subsection (d) of section 3.
81 “Independent testing laboratory”, a laboratory that is licensed by the commission and is:
82(i) accredited to the most current International Organization for Standardization 17025 by a
83third-party accrediting body that is a signatory to the International Laboratory Accreditation
84Cooperation mutual recognition arrangement or that is otherwise approved by the commission;
85(ii) independent financially from any medical marijuana establishment or any licensee or
86marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in
87compliance with regulations promulgated by the commission pursuant to this chapter.
88 SECTION 9. Subsection (d) of Section 3 of Chapter 94G is hereby amended by striking
89out, in all instances, the words “marijuana establishment or medical marijuana treatment center”
90and inserting in place thereof the following words:-
91 marijuana establishment or medical marijuana establishment 6 of 8
92 SECTION 10. Subsection (d) of Section 3 of Chapter 94G is further amended by striking
93out, in all instances, the words “marijuana establishment or a medical marijuana treatment
94center” and inserting in place thereof the following words:-
95 marijuana establishment or a medical marijuana establishment
96 SECTION 11. Subsection (f) of Section 3 of Chapter 94G is hereby amended by striking
97out “medical marijuana treatment centers” and inserting in place thereof the following words:-
98 medical marijuana establishments
99 SECTION 12. Clause (xx) of subsection (a½) of section 4 of Chapter 94G is hereby
100amended by striking out the words “medical marijuana treatment center” and inserting in place
101thereof the following words:-
102 fully integrated medical marijuana treatment center
103 SECTION 13. Clause (4) of subsection (c) of section 4 of Chapter 94G is hereby
104amended by striking out, in both instances, the words “medical marijuana treatment center” and
105inserting in place thereof the following words:-
106 medical marijuana establishment
107 SECTION 14. Clause (5) of subsection (c) of section 4 of Chapter 94G is hereby
108amended by striking out the words “medical marijuana treatment centers” and inserting in place
109thereof the following words:-
110 medical marijuana establishments 7 of 8
111 SECTION 15. Clause (xxxv) of subsection (a½) of section 4 of chapter 94G is hereby
112amended by striking out “medical marijuana treatment centers” and inserting in place thereof the
113following words:-
114 medical marijuana establishments
115 SECTION 16. Subsection (c) of Section 14A of Chapter 94G is hereby amended by
116striking out “medical marijuana treatment centers” and insetting in place thereof the following
117words:-
118 medical marijuana establishments
119 SECTION 17. Chapter 94G is hereby amended by striking out Section 16 and inserting in
120place thereof the following section:-
121 Section 16. No licensee shall be granted more than 3 marijuana retailer licenses, 3 fully
122integrated medical marijuana treatment center licenses, 3 medical marijuana retailer licenses, 3
123medical marijuana product manufacturer licenses, 3 medical marijuana cultivator licenses, 3
124marijuana product manufacturer licenses, or 3 marijuana cultivator licenses; provided, however,
125that a licensee may hold 3 marijuana retailer licenses, 3 medical marijuana retailer licenses, 3
126medical marijuana product manufacturer licenses, 3 medical marijuana cultivator licenses, 3
127marijuana product manufacturer licenses and 3 marijuana cultivator licenses, provided, however,
128that each fully integrated medical marijuana treatment center license shall be equivalent to 1
129medical marijuana retail license, 1 medical marijuana cultivator license and 1 medical marijuana
130product manufacturer license, and provided furthermore that a licensee holding 3 fully integrated
131medical marijuana treatment center licenses shall be prohibited from obtaining any additional
132medical marijuana-related licenses. 8 of 8
133 SECTION 18. The cannabis control commission may allow fully integrated medical
134marijuana treatment centers the ability to amend their license, subject to the license limit
135established in section 16 of chapter 94G, for up to one year after the effective date of this act.