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SENATE DOCKET, NO. 598 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 40
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joanne M. Comerford
_________________
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 promoting the growing and use of hemp and hemp products.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and Worcester 1 of 8
SENATE DOCKET, NO. 598 FILED ON: 1/17/2023
SENATE . . . . . . . . . . . . . . No. 40
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 40) of Joanne M. Comerford for
legislation relative to promote the growing and use of hemp and hemp products. Agriculture.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act promoting the growing and use of hemp and hemp products.
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. Section 2 of chapter 61A of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting after the word “tobacco,” in line 4, the
3following words:- , hemp as defined in section 116 of chapter 128.
4 SECTION 2. Section 1 of chapter 94G of the General Laws, as appearing in the 2020
5Official Edition, is hereby amended by inserting after the first paragraph the following
6definition:-
7 “Cannabidiol” or “CBD”, the compound by the same name derived from the hemp
8variety of the Cannabis sativa L. plant.
9 SECTION 3. Said section 1 of said chapter 94G, as so appearing, is hereby further
10amended striking out the definition of ‘Hemp” in lines 49 to 55, inclusive, and inserting in place
11thereof the following definition:- 2 of 8
12 “Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds
13thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
14whether growing or not, with a THC concentration percentage that does not exceed the limit set
15by federal law for hemp. Hemp shall be considered an agricultural commodity.
16 SECTION 4. Subsection (a) of section 4 of said chapter 94G, as so appearing, is hereby
17amended by striking out clauses (xxvii) and (xxviii) and inserting in place thereof the following
185 clauses:-
19 (xxvii) monitor any federal activity regarding marijuana;
20 (xxviii) consult with the department of public health and the department of agricultural
21resources on the implementation of sections 117 to 123, inclusive, of chapter 128;
22 (xxix) permit the sale of CBD in food products at marijuana establishments and medical
23marijuana treatment centers as provided in section 122 of chapter 128;
24 (xxx) collaborate with the department of agricultural resources on the administration of
25pesticides on marijuana and marijuana products pursuant to section 5B of chapter 132B; and
26 (xxxi) adopt, amend or repeal regulations for the implementation, administration and
27enforcement of this chapter.
28 SECTION 5. Subsection (a 1/2) of said section 4 of said chapter 94G, as so appearing, is
29hereby amended by striking out clauses (xxxiii) and (xxxiv) and inserting in place thereof the
30following clauses:-
31 (xxxiii) requirements that prohibit marijuana product manufacturers from altering or
32utilizing commercially-manufactured food products when manufacturing marijuana products 3 of 8
33unless the food product was commercially manufactured specifically for use by the marijuana
34product manufacturer to infuse with marijuana; provided, however, that a commercially-
35manufactured food product may be used as an ingredient in a marijuana product if: (i) it is used
36in a way that renders it unrecognizable as the commercial food product in the marijuana product;
37and (ii) there is no statement or advertisement indicating that the marijuana product contains the
38commercially-manufactured food product;
39 (xxxiv) energy and environmental standards for licensure and licensure renewal of
40marijuana establishments licensed as a marijuana cultivator or a marijuana product manufacturer;
41 (xxxv) procedures and policies on the implementation of sections 117 to 123, inclusive,
42of chapter 128; provided however, that the commission may consult with the department of
43agricultural resources; and
44 (xxxvi) operational collaboration with the department of agricultural resources over the
45administration of pesticide use on marijuana and marijuana products pursuant to section 5B of
46chapter 132B.
47 SECTION 6. Chapter 111 of the General Laws is hereby amended by inserting after
48section 243 the following section:-
49 Section 244. The department shall promulgate regulations to govern the administration
50and manufacturing of cannabidiol in food products, as provided in sections 116 to 123, inclusive,
51of chapter 128; provided however, that the department shall consult with the cannabis control
52commission and the department of agricultural resources on said regulations; provided further,
53that sales of cannabidiol within marijuana establishments and medical marijuana treatment 4 of 8
54centers shall fall under the sole regulatory authority of the cannabis control commission pursuant
55to section 4 of chapter 94G.
56 SECTION 7. Section 116 of chapter 128 of the General Laws, as appearing in the 2020
57Official Edition, is hereby amended by striking out the definitions of “Hemp” and “Industrial
58hemp” in lines 4 to 12 and inserting in place thereof the following definitions:-
59 “Cannabidiol” or “CBD”, the compound by the same name derived from the hemp
60variety of the Cannabis sativa L. plant.
61 “Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds
62thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
63whether growing or not, with a THC concentration percentage that does not exceed the limit set
64by federal law for hemp. Hemp shall be considered an agricultural commodity.
65 “Hemp Products”, all products derived from, or made by, processing hemp plants or plant
66parts, that are prepared in a form available for commercial sale, including, but not limited to
67animal and human products intended for topical application such as cosmetics, personal care and
68grooming products; animal and human products intended for consumption such as dietary
69supplements, foods and beverages; and products intended for other uses such as cloth, cordage,
70fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-
71derived cannabinoids, such as cannabidiol.
72 “Tetrahydrocannabinol” or “THC”, shall have the definition as found in federal law.
73 SECTION 8. Chapter 128 of the General Laws is hereby amended by striking out
74sections 117 to 123, inclusive, and inserting in place thereof the following sections:- 5 of 8
75 Section 117. (a) Hemp may be planted, grown, harvested, processed, bought, sold or
76researched subject to sections 116 to 123, inclusive. The planting, growing, harvesting,
77possessing, processing or research of hemp as an agricultural product shall be subject to the
78supervision and approval of the department pursuant to sections 116 to 123, inclusive.
79 (b) A person planting, growing, harvesting, or processing hemp shall be licensed by the
80department.
81 (c) No person shall produce or distribute hemp seed without a license issued by the
82department.
83 (d) A person utilizing hemp for research shall register with the department.
84 (e) An application for a license issued pursuant to subsection (b) or (c) shall include, but
85not be limited to: (i) the name and address of any applicants; (ii) the name and address of the
86hemp operation of the applicant; (iii) the global positioning system coordinates and legal
87description of the property used for the hemp operation; (iv) the acreage size of the field where
88the hemp will be grown, if applicable; (v) a written consent allowing the department to conduct
89both scheduled and random inspections of and around the premises on which the hemp is being
90sown, grown, harvested, stored and processed; (vi) a nonrefundable application fee in an amount
91which shall be established by the commissioner; (vii) any other information as may be required
92pursuant to subsection (d); and (vii) any other information as may be required by the
93commissioner.
94 (f) All documents included in an application for licensure submitted under subsection (e)
95except for the address of a licensee’s cultivation or production facilities and any documents
96describing, depicting or otherwise outlining a licensee’s security schematics or global positioning 6 of 8
97system coordinates, which are considered by the department to be confidential in nature due to
98their public safety implications, shall be considered public records for the purposes of chapter 66.
99 Section 118. (a) After receipt, review and approval of an application for licensure
100pursuant to section 117, the commissioner may grant an annual license upon issuance of written
101findings that the requirements of sections 116 to 123, inclusive, have been satisfied.
102 (b) The commissioner shall deny an application for a license filed pursuant to section 117
103if the applicant: (i) fails to satisfy the minimum qualifications for licensure pursuant to sections
104116 to 123, inclusive; or (ii) for good cause shown.
105 Section 119. The commissioner shall suspend, revoke or refuse to renew the license of a
106person who violates sections 116 to 123, inclusive, following appropriate process in accordance
107with chapter 30A.
108 Section 120. (a) The department and the commissioner shall promulgate rules and
109regulations for the implementation, administration and enforcement of sections 116 to 123,
110inclusive; provided, that the department shall consult with the cannabis control commission
111when promulgating rules and regulations, under section 5B of chapter 132B, for pesticide use on
112hemp and marijuana that includes, but is not limited to, the ability for operational collaboration
113between the agencies for inspections; and provided further, that the department shall consult with
114the cannabis control commission and the department of public health when promulgating rules
115and regulations under subsection (c) of section 122.
116 (b) Pursuant to section 2 of chapter 30A, the department may promulgate, amend or
117repeal any regulation promulgated under this chapter as an emergency regulation if the
118regulation is necessary to protect the interests of the commonwealth in regulating hemp. 7 of 8
119 Section 121. The department may inspect and have access to the equipment, supplies,
120records, real property and other information deemed necessary to carry out the department’s
121duties under sections 116 to 123, inclusive, from a person participating in the planting, growing,
122harvesting, possessing, processing, purchasing or researching of hemp. The department may
123establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and
124ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.
125 Section 122. (a) Notwithstanding any other provision of law to the contrary, dietary
126supplements, food or food products that contain hemp or any part of the hemp plant, including
127the seeds and all naturally occurring cannabinoids, compounds, concentrates, extracts, isolates,
128resins, isomers, acids, salts, salts of isomers or cannabidiol derivatives, are not considered to be
129adulterated or misbranded based solely on the inclusion of hemp or any part of the hemp plant.
130The marketing, sale or distribution of dietary supplements, food or food products within the
131commonwealth that contain hemp or any part of the hemp plant may not be restricted or
132prohibited based solely on the inclusion of hemp or any part of the hemp plant. The label of a
133hemp product may not make any claims that food or food products that contain hemp can treat,
134cure or prevent any disease without approval pursuant to federal law.
135 (b) Hemp and hemp products cultivated and manufactured in other states pursuant to a
136USDA approved hemp program, or produced lawfully under the laws of another state, tribe, or
137country, may be sold within the Commonwealth.
138 (c) Notwithstanding any other law, derivatives of hemp, including hemp-derived
139cannabidiol, may be added to animal and human products intended for topical application such
140as cosmetics, personal care and grooming products, and animal and human products intended for 8 of 8
141consumption such as dietary supplements, foods and beverages, and such an addition is not
142considered an adulteration of such products.
143 (d) The THC found in hemp and being within the federally defined THC level for hemp
144shall not be considered to be THC in qualifying as a controlled substance.
145 Section 123. The department may establish civil administrative fines for violations of
146sections 116 to 123, inclusive. A person aggrieved by the assessment of a fine under this section
147or a licensure action under section 119 may appeal by filing a notice of appeal with the
148department not later than 21 days after the receipt of the notice of the fine or licensure action.
149The adjudicatory hearing shall be conducted in accordance with chapter 30A.
150 SECTION 9. Chapter 132B of the General Laws is hereby amended by inserting after
151section 5A the following section:-
152 Section 5B. The department shall authorize the application of pesticides on marijuana and
153marijuana products that are labeled for hemp by the environmental protection agency; provided,
154that the label includes use on food and tobacco crops and is exempt from a federal food tolerance
155limit unless otherwise authorized by federal law. Use of pesticides under this section shall not be
156considered a manner of use that is inconsistent with the label as required by section 6A.