Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H143 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. 3051 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 143
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James C. Arena-DeRosa
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 regulating the sale of hemp products to protect public health and support farmers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:James C. Arena-DeRosa8th Middlesex1/16/2025 1 of 10
16	16	HOUSE DOCKET, NO. 3051 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 143
18	18	By Representative Arena-DeRosa of Holliston, a petition (accompanied by bill, House, No. 143)
19	19	of James C. Arena-DeRosa for legislation to further regulate hemp products. Cannabis Policy.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act regulating the sale of hemp products to protect public health and support farmers.
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. Chapter 64N of the General Laws, as appearing in the 2022 Official
29	29	2Edition, is hereby amended by striking out section 1 and inserting in place thereof the following
30	30	3section:-
31	31	4 Section 1. As used in this chapter, the following words shall, unless the context clearly
32	32	5requires otherwise, have the following meanings:
33	33	6 (a) ''Commissioner'', the commissioner of revenue.
34	34	7 (b) “Hemp products”, as defined in section 1 of chapter 94G.
35	35	8 (c) ''Marijuana,'' ''Marijuana establishment,'' ''Marijuana product'' and ''Marijuana
36	36	9retailer'', as defined in section 1 of chapter 94G.
37	37	10 (d) ''Social equity business'', a marijuana retailer that is a social equity business, as
38	38	11defined in section 1 of chapter 94G. 2 of 10
39	39	12 SECTION 2. Chapter 64N of the General Laws, as so appearing, is hereby further
40	40	13amended by inserting, after section 2, the following section:-
41	41	14 Section 2A. An excise tax is hereby imposed upon the sale of hemp products by a retailer
42	42	15to anyone other than a marijuana establishment at a rate of 10.75 per cent of the total sales price
43	43	16received by the retailer as a consideration for the sale of hemp products. The excise tax shall be
44	44	17levied in addition to state tax imposed upon the sale of property or services as provided in
45	45	18section 2 of chapter 64H and shall be paid by a retailer to the commissioner at the time provided
46	46	19for filing the return required by section 16 of chapter 62C.
47	47	20 SECTION 3. Section 4 of chapter 64N, as so appearing, is hereby amended by striking
48	48	21out the phrase “marijuana or marijuana products”, and inserting in place thereof, the following
49	49	22phrase:- “marijuana, marijuana products or hemp products”.
50	50	23 SECTION 4. Section 5 of chapter 64N, as so appearing, is hereby amended by inserting,
51	51	24after the second instance of the phrase “revenue collected pursuant to”, the following phrase:-
52	52	25“section 2A of this chapter or”.
53	53	26 SECTION 5. Said section 5 of said chapter 64N, as so appearing, is hereby further
54	54	27amended by inserting, after the second paragraph, the following paragraph:-
55	55	28 In the first five fiscal years that begin after this language becomes effective, the
56	56	29commissioner shall deposit revenue collected pursuant to section 2A of this chapter in the Hemp
57	57	30Product Education Fund established in section 14A of chapter 94G. In each fiscal year thereafter,
58	58	31the commissioner shall deposit revenue collected pursuant to section 2A of this chapter in the
59	59	32General Fund. 3 of 10
60	60	33 SECTION 6. Chapter 94 of the General Laws, as appearing in the 2022 Official Edition,
61	61	34is hereby amended by inserting, after section 329, the following 6 sections:-
62	62	35 Section 330.
63	63	36 As used in this section and sections 331 to 335, inclusive, the following words and
64	64	37phrases shall have the following meanings:-
65	65	38 ''Governmental entity'', an official body of the commonwealth, or of a county, city or
66	66	39town within the commonwealth.
67	67	40 “Non-ingestible hemp product”, a final product derived from hemp, including hemp
68	68	41harvested, processed, manufactured or sold pursuant to section 118 of chapter 128, that is not
69	69	42intended to be ingested, inhaled or otherwise introduced into the human body, other than through
70	70	43topical administration or application, and that does not cause an altered mental state or other
71	71	44intoxicating effect when ingested, inhaled or otherwise introduced into the human body, even if
72	72	45this is not among its stated purposes.
73	73	46 ''Person'', a natural person, corporation, association, partnership or other legal entity.
74	74	47 Section 331. (a) No non-ingestible hemp product shall be sold or otherwise transferred:
75	75	48(i) That is advertised as consumable by ingestion, inhalation or otherwise introducible into the
76	76	49human body other than through topical administration or application;
77	77	50 (ii) That is advertised as causing or having the ability to cause an altered mental state or
78	78	51other intoxicating effect when ingested, inhaled or otherwise introduced into the human body;
79	79	52 (iii) In packaging that includes any markings or images indicating that it may cause an
80	80	53altered mental state or other intoxicating effect; 4 of 10
81	81	54 (iv) In packaging that closely resembles the packaging of candy or other food products
82	82	55marketed towards children; or
83	83	56 (v) That is adulterated, except that hemp included in a non-ingestible hemp product under
84	84	57this chapter shall not be considered an adulterant.
85	85	58 (b) Excepting prescription drugs as defined in section 1 of Chapter 94C, marijuana and
86	86	59hemp products sold pursuant to chapter 94G, products sold in marijuana establishments, and
87	87	60non-ingestible hemp products, a product containing any cannabinoid may not be sold or
88	88	61otherwise transferred.
89	89	62 Section 332. If a local board of health has reason to suspect a product is in violation of
90	90	63sections 330 to 335, inclusive, that board shall conduct examinations and investigations and may
91	91	64take samples of products for analysis to determine compliance with the provisions of sections
92	92	65330 to 335, inclusive. If that board determines that a violation of the provisions of sections 330
93	93	66to 335, inclusive, has occurred, they shall take enforcement action. If requested by a local board
94	94	67of health, the department of public health may furnish advice and assistance to the board and
95	95	68may coordinate further for the purposes of investigating suspected violations.
96	96	69 Section 333. (a) For a first violation of the provisions of sections 330 to 335, inclusive,
97	97	70enforcement actions shall consist of removal from the premises all products that the department
98	98	71determines violate sections 330 to 335, inclusive, as well as a written warning to the violating
99	99	72person that repeated violations may result in revocation of operating permits and licenses. This
100	100	73warning may include a requirement for the violating person to complete an informational course
101	101	74that explains the laws and regulations surrounding the sale of hemp products and products that
102	102	75contain cannabinoids. If an informational course is required as an enforcement action for a first 5 of 10
103	103	76violation, it shall be administered by the local board of health that made the initial determination
104	104	77of a violation. Failure of the violating person to complete a required course within 6 months of
105	105	78the reception of this warning may be considered a separate violation of the provisions of sections
106	106	79330 to 335, inclusive.
107	107	80 (b) For repeated violations of the provisions of sections 330 to 335, inclusive, either as a
108	108	81result of repeated investigations by a local board of health or the failure to complete an
109	109	82informational course administered following a first violation, enforcement actions shall include,
110	110	83but not be limited to, removal from the premises of all products that the department determines
111	111	84violate sections 330 to 335, inclusive, and the destruction of these products. The local board of
112	112	85health that made the determination of these repeated violations may, within 30 days of a
113	113	86determination that a product is in violation of section 330 to 335, inclusive, send written notice
114	114	87of this violation to all governmental entities that have issued a permit or license to any violating
115	115	88person; provided that this may include governmental entities that issue a permit or license to a
116	116	89person after a determination is made but before written notices are sent. Repeated violations of
117	117	90sections 330 to 335, inclusive, may be considered by a governmental entity as grounds for
118	118	91suspension or revocation of any permit or license issued by this entity that relates to the
119	119	92production or sale of food, alcohol, tobacco, cosmetics or drugs.
120	120	93 Section 334. Local boards of health may establish civil administrative fines for repeated
121	121	94violations of sections 330 to 335, inclusive. A person aggrieved by the assessment of a fine under
122	122	95this section may appeal to the full board from which it was assessed not later than 21 days after
123	123	96the receipt of the notice of the fine. Appeals shall be given a speedy hearing before the local
124	124	97board of health from which it was assessed. 6 of 10
125	125	98 Section 335. (a) Local boards of health may make rules and regulations to carry out the
126	126	99provisions of sections 330 to 335, inclusive; provided, that these rules or regulations are not
127	127	100inconsistent with rules or regulations of the department of public health, the cannabis control
128	128	101commission or the department of agricultural resources.
129	129	102 (b) Whenever changes are made regarding a local board of health’s enforcement of the
130	130	103provisions of said sections, local boards of health shall send written communication of these
131	131	104changes to all persons within their jurisdiction that have active permits or licenses relating to
132	132	105food, alcohol, tobacco, cosmetics or drugs in a timely manner.
133	133	106 (c) Nothing in this section shall be construed to exempt from penalty any person found
134	134	107responsible for a violation of sections 330 to 335, inclusive, as a result of not receiving a written
135	135	108communication described in subsection (b); provided, that the responsible local board of health
136	136	109made a good faith effort to provide this information to those who are entitled to it under
137	137	110subsection (b).
138	138	111 SECTION 7. Section 1 of chapter 94C of the General Laws, as appearing in the 2022
139	139	112Official Edition, is hereby amended striking the definition of “Marihuana” and inserting in its
140	140	113place the following definition:-
141	141	114 'Marihuana'', all parts of the plant Cannabis sativa L., whether growing or not; the seeds
142	142	115thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt,
143	143	116derivative, mixture, or preparation of the plant, its seeds or resin; provided, this shall not include
144	144	117the mature stalks of the plant, industrial hemp as defined in section 116 of chapter 128, fiber
145	145	118produced from the stalks, oil, or cake made from the seeds of the plant, any other compound,
146	146	119manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin 7 of 10
147	147	120extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of
148	148	121germination; and provided further, this shall not include hemp products as defined by chapter
149	149	12294G or non-ingestible hemp products as defined by chapter 94 which are compliant with all
150	150	123applicable state laws and regulations.
151	151	124 SECTION 8. Section 1 of chapter 94G of the General Laws, as appearing in the 2022
152	152	125Official Edition, is hereby amended by striking the definition of hemp and inserting in its place
153	153	126the following 2 definitions:-
154	154	127 “Hemp”, the plant of the genus Cannabis and any part of that plant, including all
155	155	128derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, but not including
156	156	129the seeds thereof, whether growing or not, with a total tetrahydrocannabinol concentration,
157	157	130including tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight
158	158	131basis. This does not include tetrahydrocannabinols present in the finished dosage formulation of
159	159	132a drug product that has been approved by the United States Food and Drug Administration.
160	160	133 “Hemp product”, any intermediate or final product derived from hemp harvested,
161	161	134processed, manufactured or sold pursuant to section 118 of chapter 128 and section 12(f) of
162	162	135chapter 94G, but not from industrial hemp, that is prepared in a form available for commercial
163	163	136sale and intended for human consumption, including but not limited to edible products such as
164	164	137food and beverages and inhalable products such as flower, distillations and vaporizers; provided,
165	165	138however, that this definition shall not include non-ingestible hemp products as defined by
166	166	139chapter 94. 8 of 10
167	167	140 SECTION 9. Said section 1 of said chapter 94G, as so appearing, is hereby further
168	168	141amended by striking the definition of “Marijuana” or “Marihuana” and inserting in its place the
169	169	142following definition:-
170	170	143 “Marijuana” or “Marihuana'', all parts of the plant Cannabis sativa L., whether growing
171	171	144or not; the seeds thereof; and resin extracted from any part of the plant; and every compound,
172	172	145manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin; provided, this
173	173	146shall not include the mature stalks of the plant, industrial hemp as defined in section 116 of
174	174	147chapter 128, fiber produced from the stalks, oil or cake made from the seeds of the plant, any
175	175	148other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks,
176	176	149except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is
177	177	150incapable of germination; and provided further, this shall not include hemp products as defined
178	178	151by chapter 94G or non-ingestible hemp products as defined by chapter 94 which are compliant
179	179	152with all applicable state laws and regulations.
180	180	153 SECTION 10. Subsection (a 1/2) of section 4 of said chapter 94G, as so appearing, is
181	181	154hereby amended by inserting, after paragraph (xxxviii), the following 2 clauses:
182	182	155 (xxxix) establish standards for allowing the sale of hemp products to consumers by
183	183	156marijuana establishments; and
184	184	157 (xxxx) establish standards for the manufacture, packaging and transportation of hemp
185	185	158products; provided, when applicable, that these standards are as strict or stricter than the
186	186	159standards adopted for marijuana products.
187	187	160 SECTION 11. Section 12 of said chapter 94G, as so appearing, is hereby amended by
188	188	161striking subsection (f) and inserting in its place the following subsection:- 9 of 10
189	189	162 (f) No marijuana establishment shall cultivate, manufacture, sell or otherwise transact
190	190	163business with any products containing cannabinoids other than those that were produced,
191	191	164distributed and taxed in compliance with this chapter or any hemp and hemp products cultivated
192	192	165and manufactured in compliance with a license from the department of agricultural resources
193	193	166pursuant to chapter 128 and is in compliance with regulations set forth by the United States
194	194	167Department of Agriculture. No hemp product shall contain more than 100 parts per million or
195	195	168100 micrograms per gram of any cannabinoid which is not naturally produced by hemp plants
196	196	169above this concentration.
197	197	170 SECTION 12. Chapter 94G, as so appearing, is hereby further amended by inserting,
198	198	171after section 14A, the following section:-
199	199	172 Section 14B. (a) There shall be established and set up on the books of the commonwealth
200	200	173a separate fund, to be known as the Hemp Product Education Fund. It shall consist of all monies
201	201	174received on account of the commonwealth as a result of revenue generated by the tax imposed by
202	202	175section 2A of chapter 64N, subject to the provisions described in section 5 of Chapter 64N,
203	203	176interest earned or other income on balances in the fund, any appropriations authorized by the
204	204	177general court specifically designated to be credited to the fund, and gifts, grants and donations
205	205	178from public or private sources.
206	206	179 (b) Money in the fund shall be expended for the implementation, administration and
207	207	180enforcement of sections 330 to 335, inclusive, of chapter 94 by local boards of health. This shall
208	208	181include, but not be limited to: 10 of 10
209	209	182 (i) the creation or adoption of an informational course that may be used as an educational
210	210	183resource or as part of an enforcement action following a violation of sections 330 to 335,
211	211	184inclusive;
212	212	185 (ii) the investigation of alleged violations of sections 330 to 335, inclusive;
213	213	186 (iii) the development of relevant rules and regulations;
214	214	187 (iv) the creation and dissemination of relevant informational material;
215	215	188 (v) the training of staff to investigate and enforce relevant rules, regulations and laws;
216	216	189and
217	217	190 (vi) the administration of any relevant enforcement actions.
218	218	191 SECTION 13. Section 116 of chapter 128, as appearing in the 2022 Official Edition, is
219	219	192hereby amended by striking the definition of “Hemp” and inserting in its place the following
220	220	193definition:-
221	221	194 “Hemp”, the plant of the genus Cannabis and any part of that plant, including the seeds
222	222	195thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
223	223	196whether growing or not, with a total tetrahydrocannabinol concentration, including
224	224	197tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight basis.
225	225	198 SECTION 14. Not later than 90 days following the effective date of this act, local boards
226	226	199of health shall communicate in writing information regarding the requirements of sections 330 to
227	227	200335, inclusive, of chapter 94 of the General Laws, as inserted by this act, that relate to hemp
228	228	201product definitions and sales, as well as the details of violating said sections and the penalties for
229	229	202violations, to persons within their jurisdiction who may be impacted by said sections