Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H149 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3150 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 149
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Mark J. Cusack
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 related to cannabis retail licensees.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Mark J. Cusack5th Norfolk1/16/2025 1 of 3
16	16	HOUSE DOCKET, NO. 3150 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 149
18	18	By Representative Cusack of Braintree, a petition (accompanied by bill, House, No. 149) of
19	19	Mark J. Cusack relative to cannabis retail licensees. 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 related to cannabis retail licensees.
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 1 of chapter 94G of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by inserting after the definition of “Mycotoxin” the
30	30	3following definitions:-
31	31	4 “Person or Entity Having Direct Control”, any person or entity having direct control over
32	32	5the operations of a marijuana establishment, which satisfies one or more of the following criteria:
33	33	6 (a) An owner; (b) A person or entity that possesses a voting interest of 10 percent or
34	34	7greater in a marijuana establishment; (c) A close associate; (d) A person or entity that has the
35	35	8right to control or authority, through contract or otherwise including, but not limited to: (1) To
36	36	9appoint more than 50% of the directors or their equivalent; (2) To appoint or remove corporate-
37	37	10level officers or their equivalent; or (3) To earn 10 percent or more of the profits or collect more
38	38	11than 10 percent of the dividends; (e) A court appointee or assignee pursuant to an agreement for
39	39	12a general assignment or assignment for the benefit of creditors; or (f) A third-party technology 2 of 3
40	40	13platform provider that possesses any financial interest in a marijuana delivery licensee including,
41	41	14but not limited to, a delivery agreement or other agreement for services.
42	42	15 “Person or Entity Having Indirect Control”, any person or entity having indirect control
43	43	16over operations of a marijuana establishment. Specifically includes any person or entity having
44	44	17direct control over an indirect holding or parent company of the applicant, and the chief
45	45	18executive officer and executive director of those companies, or any person or entity in a position
46	46	19indirectly to control the decision-making of a marijuana establishment.
47	47	20 SECTION 2. Section 1 of chapter 94G of the General Laws, as so appearing, is hereby
48	48	21amended by inserting after the definition of “Production batch” the following definition:-
49	49	22 “Owner”, any person or entity owning directly or indirectly through parent or holding
50	50	23company, or otherwise, 10 percent or more of the interest in a licensee,
51	51	24 SECTION 3. Chapter 94G of the General Laws, as appearing in the 2022 Official
52	52	25Edition, is hereby amended by striking out section 16 and inserting in place thereof the following
53	53	26section:-
54	54	27 Section 16. (a) No Person or Entity having Direct or Indirect Control may become a
55	55	28licensee or Person or Entity having Direct or Indirect Control of more than 6 marijuana retailers,
56	56	293 medical marijuana treatment center licenses, 3 marijuana product manufacturer licenses and 3
57	57	30marijuana cultivator licenses; provided however that until 1-year from the passage of this Act, no
58	58	31Person or Entity having Direct or Indirect Control may become a Person or Entity having Direct
59	59	32or Indirect Control of more than 4 marijuana retailers, and until 2-years from the passage of this
60	60	33Act, no Person or Entity having Direct or Indirect Control may become a Person or Entity having
61	61	34Direct or Indirect Control of more than 5 marijuana retailers. 3 of 3
62	62	35 (b) The commission shall adopt regulations to establish requirements that a Person or
63	63	36Entity seeking to have Direct or Indirect Control of more than 3 marijuana retailers must
64	64	37purchase a marijuana establishment or medical marijuana treatment center license authorized to
65	65	38commence operations by the commission; provided that priority consideration is given to the
66	66	39purchase of such marijuana retailer licenses that are majority owned by a social equity business,
67	67	40economic empowerment business, a Massachusetts Minority Business Enterprises (MBE),
68	68	41Women Business Enterprises (WBE), or Veteran Business Enterprises (VBE) with valid
69	69	42certification from the Supplier Diversity Office of the Massachusetts Operational Services
70	70	43Division.