Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H117 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2820 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 117
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	David M. Rogers
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to vertical integration of medical marijuana businesses.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 2820 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 117
18	18	By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 117) of
19	19	David M. Rogers and others relative to medical marijuana businesses. Cannabis Policy.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to vertical integration of medical marijuana businesses.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Paragraph (4) of subsection (d) of Section 2 of Chapter 62 is hereby
29	29	2amended by striking out "medical marijuana treatment center” and inserting in place thereof the
30	30	3following words:-
31	31	4 medical marijuana establishment
32	32	5 SECTION 2. Paragraph (4) of Section 30 of Chapter 63 is hereby amended by striking
33	33	6out “medical marijuana treatment center” and inserting in place thereof the following words:-
34	34	7 medical marijuana establishment
35	35	8 SECTION 3. Section 4 of chapter 64N of the General Laws is hereby amended by
36	36	9inserting after the words “medical marijuana treatment center” the following:-
37	37	10 , medical marijuana establishment, 2 of 8
38	38	11 SECTION 4. Section 1 of chapter 94I of the General Laws is hereby amended by striking
39	39	12the definitions of “Card holder”, “Cultivation registration”, “Locked area”, “Medical marijuana
40	40	13treatment center”, “Medical use marijuana”, “Medical use marijuana license”, “Registration
41	41	14card”, and “Temporary Registration”, and inserting the following definitions:-
42	42	15 “Card holder”, a registered qualifying patient, personal caregiver or agent of a medical
43	43	16marijuana establishment who has been issued and possesses a valid registration card.
44	44	17 “Cultivation registration”, a registration issued to a fully integrated medical marijuana
45	45	18treatment center or medical marijuana cultivator to grow medical use marijuana under the terms
46	46	19of this chapter, or to a qualified patient or personal caregiver.
47	47	20 “Fully integrated medical marijuana treatment center” a medical marijuana-related
48	48	21business licensed by the commission with the ability to cultivate, manufacture, process, and sell
49	49	22medical use marijuana to qualifying patients, personal caregivers, and medical marijuana
50	50	23establishments.
51	51	24 “Locked area”, a closet, room, greenhouse or other indoor or outdoor area equipped with
52	52	25locks or other security devices, accessible only to registered and authorized medical marijuana
53	53	26establishment employees, registered qualifying patients or registered personal caregivers.
54	54	27 ''Medical marijuana establishment'', a medical marijuana cultivator, medical marijuana
55	55	28product manufacturer, fully integrated medical marijuana treatment center, medical marijuana
56	56	29retailer or any other type of medical marijuana-related business licensed by the commission.
57	57	30 ''Medical marijuana treatment center'', the premises approved under a fully integrated
58	58	31medical marijuana treatment center license 3 of 8
59	59	32 “Medical use marijuana”, marijuana or marijuana accessories sold by a medical
60	60	33marijuana establishment or a fully integrated medical marijuana treatment center to a card holder
61	61	34for medical use or marijuana or marijuana accessories possessed by a qualifying patient under a
62	62	35cultivation registration.
63	63	36 “Medical use marijuana license”, a license issued by the commission that permits the
64	64	37licensee to operate a medical marijuana establishment or a fully integrated medical marijuana
65	65	38treatment center.
66	66	39 “Registration card”, a personal identification card issued by the commission to a
67	67	40registered qualifying patient, personal caregiver, laboratory agent or agent of a medical
68	68	41marijuana establishment or a fully integrated medical marijuana treatment center. The
69	69	42registration card facilitates verification of an individual registrant's status, including, but not
70	70	43limited to, verification that a registered healthcare professional has provided a written or
71	71	44electronic certification to the qualifying patient; that the patient has designated the individual as a
72	72	45personal caregiver; that a laboratory agent has been registered with the commission and is
73	73	46authorized to possess and test marijuana; or that an agent has been registered with the
74	74	47commission and is authorized to work at a medical marijuana establishment or a fully integrated
75	75	48medical marijuana treatment center. A temporary registration issued to a qualifying patient shall
76	76	49be deemed a registration card.
77	77	50 “Temporary Registration” an interim registration document for patients and their personal
78	78	51caregivers generated automatically upon the commission's receipt of a healthcare professional's
79	79	52electronic certification. The temporary registration document shall constitute a registration card
80	80	53for patients and their personal caregivers to access a medical marijuana establishment or a fully 4 of 8
81	81	54integrated medical marijuana treatment center. Temporary registration shall expire 14 days after
82	82	55the commission issues the registration card.
83	83	56 SECTION 5. Subsection (c) of Section 2 of chapter 94I of the General Laws, is hereby
84	84	57amended by striking “medical marijuana treatment center” and inserting in place thereof the
85	85	58following words:-
86	86	59 medical marijuana establishment
87	87	60 SECTION 6. Section 2 of chapter 94I of the General Laws, is hereby amended by adding
88	88	61the following subsection:-
89	89	62 (f) The commission may establish and enforce license tiers to make available separate
90	90	63license classes, including but not limited to: medical marijuana product manufacturer, medical
91	91	64marijuana cultivator, fully integrated medical marijuana treatment center, and medical marijuana
92	92	65retailer. The commission may promulgate the rules and regulations relative to medical license
93	93	66classes established under this subsection and shall have the power to encourage full participation
94	94	67in the medical marijuana industry by people from communities disproportionately harmed by
95	95	68cannabis prohibition and enforcement.
96	96	69 SECTION 7. Section 7 of chapter 94I, is hereby amended by striking the words “medical
97	97	70marijuana treatment centers" and inserting in place thereof the following words:-
98	98	71 medical marijuana establishments, and for any classes of license under subsection (f) of
99	99	72section 2 of this chapter, 5 of 8
100	100	73 SECTION 8. Chapter 94G is hereby amended, in section 1, by striking out the definitions
101	101	74of “Host community”, “Host community agreement”, and “Independent testing laboratory”, and
102	102	75inserting the following definitions:-
103	103	76 “Host community” a municipality in which a marijuana establishment or a medical
104	104	77marijuana establishment is located or in which an applicant has proposed locating a marijuana
105	105	78establishment or a medical marijuana establishment.
106	106	79 “Host community agreement” an agreement between a marijuana establishment or a
107	107	80medical marijuana establishment and a municipality pursuant to subsection (d) of section 3.
108	108	81 “Independent testing laboratory”, a laboratory that is licensed by the commission and is:
109	109	82(i) accredited to the most current International Organization for Standardization 17025 by a
110	110	83third-party accrediting body that is a signatory to the International Laboratory Accreditation
111	111	84Cooperation mutual recognition arrangement or that is otherwise approved by the commission;
112	112	85(ii) independent financially from any medical marijuana establishment or any licensee or
113	113	86marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in
114	114	87compliance with regulations promulgated by the commission pursuant to this chapter.
115	115	88 SECTION 9. Subsection (d) of Section 3 of Chapter 94G is hereby amended by striking
116	116	89out, in all instances, the words “marijuana establishment or medical marijuana treatment center”
117	117	90and inserting in place thereof the following words:-
118	118	91 marijuana establishment or medical marijuana establishment 6 of 8
119	119	92 SECTION 10. Subsection (d) of Section 3 of Chapter 94G is further amended by striking
120	120	93out, in all instances, the words “marijuana establishment or a medical marijuana treatment
121	121	94center” and inserting in place thereof the following words:-
122	122	95 marijuana establishment or a medical marijuana establishment
123	123	96 SECTION 11. Subsection (f) of Section 3 of Chapter 94G is hereby amended by striking
124	124	97out “medical marijuana treatment centers” and inserting in place thereof the following words:-
125	125	98 medical marijuana establishments
126	126	99 SECTION 12. Clause (xx) of subsection (a½) of section 4 of Chapter 94G is hereby
127	127	100amended by striking out the words “medical marijuana treatment center” and inserting in place
128	128	101thereof the following words:-
129	129	102 fully integrated medical marijuana treatment center
130	130	103 SECTION 13. Clause (4) of subsection (c) of section 4 of Chapter 94G is hereby
131	131	104amended by striking out, in both instances, the words “medical marijuana treatment center” and
132	132	105inserting in place thereof the following words:-
133	133	106 medical marijuana establishment
134	134	107 SECTION 14. Clause (5) of subsection (c) of section 4 of Chapter 94G is hereby
135	135	108amended by striking out the words “medical marijuana treatment centers” and inserting in place
136	136	109thereof the following words:-
137	137	110 medical marijuana establishments 7 of 8
138	138	111 SECTION 15. Clause (xxxv) of subsection (a½) of section 4 of chapter 94G is hereby
139	139	112amended by striking out “medical marijuana treatment centers” and inserting in place thereof the
140	140	113following words:-
141	141	114 medical marijuana establishments
142	142	115 SECTION 16. Subsection (c) of Section 14A of Chapter 94G is hereby amended by
143	143	116striking out “medical marijuana treatment centers” and insetting in place thereof the following
144	144	117words:-
145	145	118 medical marijuana establishments
146	146	119 SECTION 17. Chapter 94G is hereby amended by striking out Section 16 and inserting in
147	147	120place thereof the following section:-
148	148	121 Section 16. No licensee shall be granted more than 3 marijuana retailer licenses, 3 fully
149	149	122integrated medical marijuana treatment center licenses, 3 medical marijuana retailer licenses, 3
150	150	123medical marijuana product manufacturer licenses, 3 medical marijuana cultivator licenses, 3
151	151	124marijuana product manufacturer licenses, or 3 marijuana cultivator licenses; provided, however,
152	152	125that a licensee may hold 3 marijuana retailer licenses, 3 medical marijuana retailer licenses, 3
153	153	126medical marijuana product manufacturer licenses, 3 medical marijuana cultivator licenses, 3
154	154	127marijuana product manufacturer licenses and 3 marijuana cultivator licenses, provided, however,
155	155	128that each fully integrated medical marijuana treatment center license shall be equivalent to 1
156	156	129medical marijuana retail license, 1 medical marijuana cultivator license and 1 medical marijuana
157	157	130product manufacturer license, and provided furthermore that a licensee holding 3 fully integrated
158	158	131medical marijuana treatment center licenses shall be prohibited from obtaining any additional
159	159	132medical marijuana-related licenses. 8 of 8
160	160	133 SECTION 18. The cannabis control commission may allow fully integrated medical
161	161	134marijuana treatment centers the ability to amend their license, subject to the license limit
162	162	135established in section 16 of chapter 94G, for up to one year after the effective date of this act.