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HOUSE DOCKET, NO. 1697 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 153
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Russell E. Holmes
_________________
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 requiring informed consent for marijuana testing.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025 1 of 2
HOUSE DOCKET, NO. 1697 FILED ON: 1/15/2025
HOUSE . . . . . . . . . . . . . . . No. 153
By Representative Holmes of Boston, a petition (accompanied by bill, House, No. 153) of
Russell E. Holmes relative to requiring informed consent for marijuana testing at certain health
care facilities. Cannabis Policy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 110 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act requiring informed consent for marijuana testing.
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 111 of the General Laws, as appearing in the 2018 Official Edition, is hereby
2amended by inserting after section 70H the following section:-
3 Section 70I. A facility, as defined in section 70E, physician or health care provider shall
4not: (1) test any person for the presence of marijuana or delta-9-tetrahydricannabinol, also known
5as THC, without first obtaining that person’s written informed consent; (2) disclose the results of
6such test to any person other than the subject of the test without first obtaining the subject’s
7written informed consent; or (3) identify the subject of such tests to any person without first
8obtaining the subject’s written informed consent. A written consent form shall state the purpose
9for which the information is being requested and shall be distinguished from written consent for
10the release of any other medical information. 2 of 2
11 Whoever violates this section shall be considered to have violated section 2 of chapter
1293A.
13 For the purpose of this section “written informed consent” shall mean a written consent
14form for each requested test and release of the results of a test performed on an individual
15showing the presence of marijuana or THC or for the release of medical records containing such
16information.