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| 2 | 2 | | HOUSE DOCKET, NO. 2310 FILED ON: 1/16/2025 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 170 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Dawne Shand |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act addressing public health risks related to cannabis products. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Dawne Shand1st Essex1/16/2025 1 of 3 |
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| 16 | 16 | | HOUSE DOCKET, NO. 2310 FILED ON: 1/16/2025 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 170 |
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| 18 | 18 | | By Representative Shand of Newburyport, a petition (accompanied by bill, House, No. 170) of |
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| 19 | 19 | | Dawne Shand for legislation to address public health risks related of certain cannabis products. |
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| 20 | 20 | | Cannabis Policy. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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| 24 | 24 | | (2025-2026) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act addressing public health risks related to cannabis products. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting, after |
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| 30 | 30 | | 2Section 2JJJJJJ, the following section:- |
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| 31 | 31 | | 3 Section 2KKKKKK. (a) There shall be established and set up on the books of the |
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| 32 | 32 | | 4commonwealth a separate fund, to be known as the Cannabis Products Recall Fund. It shall |
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| 33 | 33 | | 5consist of amounts credited to the fund in accordance with this section. The commissioner of the |
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| 34 | 34 | | 6department of public health shall be the custodian of the fund. |
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| 35 | 35 | | 7 (b) The fund shall consist of: (i) funds transferred from the Marijuana Regulation Fund |
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| 36 | 36 | | 8established in section 14 of chapter 94G; (ii) revenue from appropriations or other money |
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| 37 | 37 | | 9authorized by the general court and specifically designated to be credited to the fund; and (iii) |
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| 38 | 38 | | 10interest earned on money in the fund. Amounts credited to the fund shall not be subject to further |
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| 39 | 39 | | 11appropriation and any money remaining in the fund at the end of a fiscal year shall not revert to |
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| 40 | 40 | | 12the General Fund. 2 of 3 |
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| 41 | 41 | | 13 (c) Money in the fund shall be expended for mandatory product recalls of any THC- |
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| 42 | 42 | | 14containing products cultivated, processed, manufactured, delivered or sold by any establishment |
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| 43 | 43 | | 15in the commonwealth pursuant to section 249 of chapter 111. |
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| 44 | 44 | | 16 (d) The department of public health shall annually, not later than December 31, report on |
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| 45 | 45 | | 17the activity of the fund to the: (i) joint committee on cannabis policy; joint committee on public |
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| 46 | 46 | | 18health; (iii) house and senate committees on ways and means; and (iv) clerks of the house of |
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| 47 | 47 | | 19representatives and senate. |
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| 48 | 48 | | 20 SECTION 2. Chapter 111 of the General Laws is hereby amended by adding the |
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| 49 | 49 | | 21following section:- |
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| 50 | 50 | | 22 Section 249. (a) Notwithstanding chapter 94G, the commissioner shall adopt and |
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| 51 | 51 | | 23promulgate rules and regulations for a process to order mandatory product recalls of any THC- |
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| 52 | 52 | | 24containing products cultivated, processed, manufactured, delivered or sold in any establishment, |
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| 53 | 53 | | 25and may, in like manner and from time to time, amend, modify or repeal the same. Such rules |
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| 54 | 54 | | 26and regulations shall be consistent with applicable rules and regulations of the cannabis control |
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| 55 | 55 | | 27commission or any successor agency with like regulatory powers; provided that, these |
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| 56 | 56 | | 28requirements are consistent with the most recent research and testing data on marijuana product |
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| 57 | 57 | | 29safety. |
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| 58 | 58 | | 30 (b) The commissioner shall provide language for the rules and regulations, based on the |
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| 59 | 59 | | 31most relevant scientific research on the health risks to the consumer of ingesting, injecting or |
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| 60 | 60 | | 32inhaling products containing THC or derivatives of THC. The cannabis control commission or |
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| 61 | 61 | | 33any successor agency with like regulatory powers shall determine the best means of distributing |
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| 62 | 62 | | 34this language to consumers in establishments under the agency’s purview. 3 of 3 |
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| 63 | 63 | | 35 (c) This section shall be funded by Cannabis Products Recall Fund established in section |
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| 64 | 64 | | 362KKKKKK of chapter 29. |
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