Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S40 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 598 FILED ON: 1/17/2023
3	3	SENATE . . . . . . . . . . . . . . No. 40
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
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 promoting the growing and use of hemp and hemp products.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and Worcester 1 of 8
16	16	SENATE DOCKET, NO. 598 FILED ON: 1/17/2023
17	17	SENATE . . . . . . . . . . . . . . No. 40
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 40) of Joanne M. Comerford for
19	19	legislation relative to promote the growing and use of hemp and hemp products. Agriculture.
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 promoting the growing and use of hemp and hemp products.
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. Section 2 of chapter 61A of the General Laws, as appearing in the 2020
29	29	2Official Edition, is hereby amended by inserting after the word “tobacco,” in line 4, the
30	30	3following words:- , hemp as defined in section 116 of chapter 128.
31	31	4 SECTION 2. Section 1 of chapter 94G of the General Laws, as appearing in the 2020
32	32	5Official Edition, is hereby amended by inserting after the first paragraph the following
33	33	6definition:-
34	34	7 “Cannabidiol” or “CBD”, the compound by the same name derived from the hemp
35	35	8variety of the Cannabis sativa L. plant.
36	36	9 SECTION 3. Said section 1 of said chapter 94G, as so appearing, is hereby further
37	37	10amended striking out the definition of ‘Hemp” in lines 49 to 55, inclusive, and inserting in place
38	38	11thereof the following definition:- 2 of 8
39	39	12 “Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds
40	40	13thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
41	41	14whether growing or not, with a THC concentration percentage that does not exceed the limit set
42	42	15by federal law for hemp. Hemp shall be considered an agricultural commodity.
43	43	16 SECTION 4. Subsection (a) of section 4 of said chapter 94G, as so appearing, is hereby
44	44	17amended by striking out clauses (xxvii) and (xxviii) and inserting in place thereof the following
45	45	185 clauses:-
46	46	19 (xxvii) monitor any federal activity regarding marijuana;
47	47	20 (xxviii) consult with the department of public health and the department of agricultural
48	48	21resources on the implementation of sections 117 to 123, inclusive, of chapter 128;
49	49	22 (xxix) permit the sale of CBD in food products at marijuana establishments and medical
50	50	23marijuana treatment centers as provided in section 122 of chapter 128;
51	51	24 (xxx) collaborate with the department of agricultural resources on the administration of
52	52	25pesticides on marijuana and marijuana products pursuant to section 5B of chapter 132B; and
53	53	26 (xxxi) adopt, amend or repeal regulations for the implementation, administration and
54	54	27enforcement of this chapter.
55	55	28 SECTION 5. Subsection (a 1/2) of said section 4 of said chapter 94G, as so appearing, is
56	56	29hereby amended by striking out clauses (xxxiii) and (xxxiv) and inserting in place thereof the
57	57	30following clauses:-
58	58	31 (xxxiii) requirements that prohibit marijuana product manufacturers from altering or
59	59	32utilizing commercially-manufactured food products when manufacturing marijuana products 3 of 8
60	60	33unless the food product was commercially manufactured specifically for use by the marijuana
61	61	34product manufacturer to infuse with marijuana; provided, however, that a commercially-
62	62	35manufactured food product may be used as an ingredient in a marijuana product if: (i) it is used
63	63	36in a way that renders it unrecognizable as the commercial food product in the marijuana product;
64	64	37and (ii) there is no statement or advertisement indicating that the marijuana product contains the
65	65	38commercially-manufactured food product;
66	66	39 (xxxiv) energy and environmental standards for licensure and licensure renewal of
67	67	40marijuana establishments licensed as a marijuana cultivator or a marijuana product manufacturer;
68	68	41 (xxxv) procedures and policies on the implementation of sections 117 to 123, inclusive,
69	69	42of chapter 128; provided however, that the commission may consult with the department of
70	70	43agricultural resources; and
71	71	44 (xxxvi) operational collaboration with the department of agricultural resources over the
72	72	45administration of pesticide use on marijuana and marijuana products pursuant to section 5B of
73	73	46chapter 132B.
74	74	47 SECTION 6. Chapter 111 of the General Laws is hereby amended by inserting after
75	75	48section 243 the following section:-
76	76	49 Section 244. The department shall promulgate regulations to govern the administration
77	77	50and manufacturing of cannabidiol in food products, as provided in sections 116 to 123, inclusive,
78	78	51of chapter 128; provided however, that the department shall consult with the cannabis control
79	79	52commission and the department of agricultural resources on said regulations; provided further,
80	80	53that sales of cannabidiol within marijuana establishments and medical marijuana treatment 4 of 8
81	81	54centers shall fall under the sole regulatory authority of the cannabis control commission pursuant
82	82	55to section 4 of chapter 94G.
83	83	56 SECTION 7. Section 116 of chapter 128 of the General Laws, as appearing in the 2020
84	84	57Official Edition, is hereby amended by striking out the definitions of “Hemp” and “Industrial
85	85	58hemp” in lines 4 to 12 and inserting in place thereof the following definitions:-
86	86	59 “Cannabidiol” or “CBD”, the compound by the same name derived from the hemp
87	87	60variety of the Cannabis sativa L. plant.
88	88	61 “Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds
89	89	62thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
90	90	63whether growing or not, with a THC concentration percentage that does not exceed the limit set
91	91	64by federal law for hemp. Hemp shall be considered an agricultural commodity.
92	92	65 “Hemp Products”, all products derived from, or made by, processing hemp plants or plant
93	93	66parts, that are prepared in a form available for commercial sale, including, but not limited to
94	94	67animal and human products intended for topical application such as cosmetics, personal care and
95	95	68grooming products; animal and human products intended for consumption such as dietary
96	96	69supplements, foods and beverages; and products intended for other uses such as cloth, cordage,
97	97	70fiber, fuel, paint, paper, particleboard, plastics, and any product containing one or more hemp-
98	98	71derived cannabinoids, such as cannabidiol.
99	99	72 “Tetrahydrocannabinol” or “THC”, shall have the definition as found in federal law.
100	100	73 SECTION 8. Chapter 128 of the General Laws is hereby amended by striking out
101	101	74sections 117 to 123, inclusive, and inserting in place thereof the following sections:- 5 of 8
102	102	75 Section 117. (a) Hemp may be planted, grown, harvested, processed, bought, sold or
103	103	76researched subject to sections 116 to 123, inclusive. The planting, growing, harvesting,
104	104	77possessing, processing or research of hemp as an agricultural product shall be subject to the
105	105	78supervision and approval of the department pursuant to sections 116 to 123, inclusive.
106	106	79 (b) A person planting, growing, harvesting, or processing hemp shall be licensed by the
107	107	80department.
108	108	81 (c) No person shall produce or distribute hemp seed without a license issued by the
109	109	82department.
110	110	83 (d) A person utilizing hemp for research shall register with the department.
111	111	84 (e) An application for a license issued pursuant to subsection (b) or (c) shall include, but
112	112	85not be limited to: (i) the name and address of any applicants; (ii) the name and address of the
113	113	86hemp operation of the applicant; (iii) the global positioning system coordinates and legal
114	114	87description of the property used for the hemp operation; (iv) the acreage size of the field where
115	115	88the hemp will be grown, if applicable; (v) a written consent allowing the department to conduct
116	116	89both scheduled and random inspections of and around the premises on which the hemp is being
117	117	90sown, grown, harvested, stored and processed; (vi) a nonrefundable application fee in an amount
118	118	91which shall be established by the commissioner; (vii) any other information as may be required
119	119	92pursuant to subsection (d); and (vii) any other information as may be required by the
120	120	93commissioner.
121	121	94 (f) All documents included in an application for licensure submitted under subsection (e)
122	122	95except for the address of a licensee’s cultivation or production facilities and any documents
123	123	96describing, depicting or otherwise outlining a licensee’s security schematics or global positioning 6 of 8
124	124	97system coordinates, which are considered by the department to be confidential in nature due to
125	125	98their public safety implications, shall be considered public records for the purposes of chapter 66.
126	126	99 Section 118. (a) After receipt, review and approval of an application for licensure
127	127	100pursuant to section 117, the commissioner may grant an annual license upon issuance of written
128	128	101findings that the requirements of sections 116 to 123, inclusive, have been satisfied.
129	129	102 (b) The commissioner shall deny an application for a license filed pursuant to section 117
130	130	103if the applicant: (i) fails to satisfy the minimum qualifications for licensure pursuant to sections
131	131	104116 to 123, inclusive; or (ii) for good cause shown.
132	132	105 Section 119. The commissioner shall suspend, revoke or refuse to renew the license of a
133	133	106person who violates sections 116 to 123, inclusive, following appropriate process in accordance
134	134	107with chapter 30A.
135	135	108 Section 120. (a) The department and the commissioner shall promulgate rules and
136	136	109regulations for the implementation, administration and enforcement of sections 116 to 123,
137	137	110inclusive; provided, that the department shall consult with the cannabis control commission
138	138	111when promulgating rules and regulations, under section 5B of chapter 132B, for pesticide use on
139	139	112hemp and marijuana that includes, but is not limited to, the ability for operational collaboration
140	140	113between the agencies for inspections; and provided further, that the department shall consult with
141	141	114the cannabis control commission and the department of public health when promulgating rules
142	142	115and regulations under subsection (c) of section 122.
143	143	116 (b) Pursuant to section 2 of chapter 30A, the department may promulgate, amend or
144	144	117repeal any regulation promulgated under this chapter as an emergency regulation if the
145	145	118regulation is necessary to protect the interests of the commonwealth in regulating hemp. 7 of 8
146	146	119 Section 121. The department may inspect and have access to the equipment, supplies,
147	147	120records, real property and other information deemed necessary to carry out the department’s
148	148	121duties under sections 116 to 123, inclusive, from a person participating in the planting, growing,
149	149	122harvesting, possessing, processing, purchasing or researching of hemp. The department may
150	150	123establish an inspection and testing program to determine delta-9 tetrahydrocannabinol levels and
151	151	124ensure compliance with the limits on delta-9 tetrahydrocannabinol concentration.
152	152	125 Section 122. (a) Notwithstanding any other provision of law to the contrary, dietary
153	153	126supplements, food or food products that contain hemp or any part of the hemp plant, including
154	154	127the seeds and all naturally occurring cannabinoids, compounds, concentrates, extracts, isolates,
155	155	128resins, isomers, acids, salts, salts of isomers or cannabidiol derivatives, are not considered to be
156	156	129adulterated or misbranded based solely on the inclusion of hemp or any part of the hemp plant.
157	157	130The marketing, sale or distribution of dietary supplements, food or food products within the
158	158	131commonwealth that contain hemp or any part of the hemp plant may not be restricted or
159	159	132prohibited based solely on the inclusion of hemp or any part of the hemp plant. The label of a
160	160	133hemp product may not make any claims that food or food products that contain hemp can treat,
161	161	134cure or prevent any disease without approval pursuant to federal law.
162	162	135 (b) Hemp and hemp products cultivated and manufactured in other states pursuant to a
163	163	136USDA approved hemp program, or produced lawfully under the laws of another state, tribe, or
164	164	137country, may be sold within the Commonwealth.
165	165	138 (c) Notwithstanding any other law, derivatives of hemp, including hemp-derived
166	166	139cannabidiol, may be added to animal and human products intended for topical application such
167	167	140as cosmetics, personal care and grooming products, and animal and human products intended for 8 of 8
168	168	141consumption such as dietary supplements, foods and beverages, and such an addition is not
169	169	142considered an adulteration of such products.
170	170	143 (d) The THC found in hemp and being within the federally defined THC level for hemp
171	171	144shall not be considered to be THC in qualifying as a controlled substance.
172	172	145 Section 123. The department may establish civil administrative fines for violations of
173	173	146sections 116 to 123, inclusive. A person aggrieved by the assessment of a fine under this section
174	174	147or a licensure action under section 119 may appeal by filing a notice of appeal with the
175	175	148department not later than 21 days after the receipt of the notice of the fine or licensure action.
176	176	149The adjudicatory hearing shall be conducted in accordance with chapter 30A.
177	177	150 SECTION 9. Chapter 132B of the General Laws is hereby amended by inserting after
178	178	151section 5A the following section:-
179	179	152 Section 5B. The department shall authorize the application of pesticides on marijuana and
180	180	153marijuana products that are labeled for hemp by the environmental protection agency; provided,
181	181	154that the label includes use on food and tobacco crops and is exempt from a federal food tolerance
182	182	155limit unless otherwise authorized by federal law. Use of pesticides under this section shall not be
183	183	156considered a manner of use that is inconsistent with the label as required by section 6A.