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HOUSE DOCKET, NO. 3771 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3589
The Commonwealth of Massachusetts
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PRESENTED BY:
Nicholas A. Boldyga
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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 concerning the legalization of certain natural plants and fungi.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Nicholas A. Boldyga3rd Hampden1/19/2023 1 of 2
HOUSE DOCKET, NO. 3771 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3589
By Representative Boldyga of Southwick, a petition (accompanied by bill, House, No. 3589) of
Nicholas A. Boldyga relative to the legalization of certain natural plants and fungi. The
Judiciary.
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 concerning the legalization of certain natural plants and fungi.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 94C of the General Laws is hereby amended by inserting after section 32L the
2following section:-
3 Section 32L½. (a) Notwithstanding any general or special law to the contrary, possession,
4use, ingestion, cultivation, transportation or transferring without financial gain of not more than 2
5grams of a controlled substance defined in clauses (6), (8), (9), (13) or (14) of paragraph (e) of
6Class C of section 31 by a person who is 21 years of age or older shall not be subject to any form
7of criminal or civil punishment or disqualification. The weight of the controlled substance
8subject to the provisions of this section shall exclude the weight of water and plant or fungi
9materials that are part of the controlled substance.
10 (b) Neither the commonwealth nor any of its political subdivisions or their respective
11agencies, authorities or instrumentalities may impose any form of penalty, sanction or
12disqualification on a person 21 years of age or older for the possession, use, ingestion, 2 of 2
13cultivation, transportation or transferring without financial gain of not more than 2 grams of a
14controlled substance defined in clauses (6), (8), (9), (13) or (14) of paragraph (e) of Class C of
15section 31. Such penalty, sanction or disqualification shall include, but not be limited to, the
16denial of professional licenses, mental and behavioral health services, student financial aid,
17public housing or any form of public financial assistance including unemployment benefits, the
18right to operate a motor vehicle or disqualification from serving as a foster parent or adoptive
19parent. The possession, use, ingestion, cultivation, transportation or transferring without financial
20gain of not more than 2 grams of a controlled substance defined in clauses (6), (8), (9), (13) or
21(14) of paragraph (e) of Class C of section 31 by a person 21 years of age or older shall not serve
22as the sole basis for a child welfare investigation.
23 (c) Information concerning the possession, use, ingestion, cultivation, transportation or
24transferring without financial gain of not more than 2 grams of a controlled substance defined in
25clauses (6), (8), (9), (13) or (14) of paragraph (e) of Class C of section 31 shall not be deemed
26''criminal offender record information,'' ''evaluative information,'' or ''intelligence information'' as
27those terms are defined in section 167 of chapter 6 and shall not be recorded in the criminal
28offender record information system.
29 (d) A political subdivision of the commonwealth shall not enact ordinances or bylaws
30regulating or prohibiting conduct contrary to the provisions of this section.