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Massachusetts House Bill H357

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H357 Compare Versions

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22 HOUSE DOCKET, NO. 3303 FILED ON: 1/17/2025
33 HOUSE . . . . . . . . . . . . . . . No. 357
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Michael S. Day
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to regulate hemp-derived beverages like alcohol.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/17/2025 1 of 12
1616 HOUSE DOCKET, NO. 3303 FILED ON: 1/17/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 357
1818 By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 357) of
1919 Michael S. Day for legislation to regulate hemp-derived beverages like alcohol. Consumer
2020 Protection and Professional Licensure.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act to regulate hemp-derived beverages like alcohol.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 138 of the General Laws is hereby amended by inserting after
3030 2section 78 the following sections:-
3131 3 Section 79. Definitions applicable to sections 79 through 84, inclusive
3232 4 As used in this section, the following words shall have the following meanings unless the
3333 5context clearly requires otherwise:
3434 6 “Artificially-derived cannabinoid”, a chemical substance that is created by a chemical
3535 7reaction that changes the molecular structure of any chemical substance derived from the
3636 8cannabis plant. “Artificially-derived cannabinoid” does not include: a naturally occurring
3737 9chemical substance that is separated from the cannabis plant by a chemical or mechanical
3838 10extraction process; or a cannabinoid that is produced by decarboxylation from a naturally
3939 11occurring cannabinoid acid without the use of a chemical catalyst. 2 of 12
4040 12 “Cannabinoid”, any of several compounds produced by the cannabis plant that have
4141 13medical and psychotropic effects. This includes but is not limited to cannabidiol (CBD) and
4242 14tetrahydrocannabinol (THC).
4343 15 “Certificate of analysis”, a document produced by an independent testing laboratory
4444 16listing the quantities of the various analytes for which testing was performed.
4545 17 “Container” means an object that is offered, intended for sale or sold to a consumer and
4646 18directly contains an infused beverage product, and does not include an object or packaging that
4747 19indirectly contains, or contains in bulk for transportation purposes, an infused beverage.
4848 20 “Hemp”, as defined in section 1 of chapter 94G.
4949 21 “Independent testing laboratory”, a laboratory that does not have a direct or indirect
5050 22interest in the entity whose product is being tested; does not have a direct or indirect interest in a
5151 23facility that cultivates, processes, distributes, dispenses, or sells infused beverages or infused
5252 24beverage products in the state and is accredited by a third-party accrediting body as a competent
5353 25testing laboratory pursuant to ISO/IEC 17025 of the International Organization for
5454 26Standardization.
5555 27 “Infused beverage”, a beverage intended for human consumption that is not an alcoholic
5656 28beverage, as defined in section 1, that contains, or is advertised, labeled or offered for sale as
5757 29containing an intoxicating cannabinoid and may contain one or more non-intoxicating
5858 30cannabinoids. Infused beverage shall not be considered “food” as defined in section 1 of chapter
5959 3194. 3 of 12
6060 32 “Infused beverage product”, an infused beverage in a container intended for retail sale.
6161 33An infused beverage product shall not be considered “food” as defined in section 1 of chapter 94.
6262 34 “Infused beverage product class”, a group of infused beverage products that have all
6363 35ingredients in common; and are produced by or for the same company.
6464 36 “Intoxicating cannabinoid”, a cannabinoid with intoxicating properties that changes the
6565 37function of the nervous system and results in alterations of perception, cognition, or behavior.
6666 38“Intoxicating cannabinoid” shall include, but shall not be limited to, delta-6-
6767 39tetrahydrocannabinol, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, delta-10-
6868 40tetrahydrocannabinol, and delta-9-tetrahydrocannabinolic acid A.
6969 41 “Non-intoxicating cannabinoid”, a cannabinoid without intoxicating properties that
7070 42changes the function of the nervous system and results in alterations of perception, cognition, or
7171 43behavior. “Non-intoxicating cannabinoid” shall include, but shall not be limited to, cannabidiol,
7272 44cannabidiolic acid, cannabidivarin, cannabidivarinic acid, cannabichromene, cannabichromenic
7373 45acid cannabigerolic acid cannabigerol, and cannabinol.
7474 46 “Transportable hemp concentrate”, the product of any chemical or physical process
7575 47applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in
7676 48the biomass; is derived from the hemp plant that, based on sampling that was collected no more
7777 49than 30 days before the day on which the hemp plant was harvested, contains a combined
7878 50concentration of total THC and any THC analog of less than 0.3% on a dry weight basis; has a
7979 51THC and THC analog concentration total that is less than 20% when concentrated from the hemp
8080 52plant to the purified state; and is intended to be processed into an infused beverage product.
8181 53 Section 80. Manufacture of infused beverages 4 of 12
8282 54 (a) No person shall manufacture an infused beverage that is intended to be sold or offered
8383 55for sale in the commonwealth unless such person holds an infused beverage manufacturer
8484 56endorsement or a certificate of compliance issued by the commission pursuant to this section.
8585 57The commission may impose a fine of up to $10,000 on a person that advertises, announces,
8686 58establishes, maintains or is concerned in establishing or maintaining an infused beverage
8787 59manufacturing operation without an endorsement granted by the commission. Each day during
8888 60which a violation continues shall constitute a separate offense. The commission may conduct
8989 61surveys and investigations to enforce compliance with this section.
9090 62 (b) The commission shall issue for a term of one year, and renew for a like term, an
9191 63endorsement to manufacture infused beverages under this section to an entity that submits to the
9292 64commission, in a form and manner prescribed by the commission, an application that
9393 65demonstrates eligibility for an endorsement under this section. Such an endorsement shall be
9494 66subject to suspension, revocation or refusal to renew for cause. Any application for an
9595 67endorsement under this section, or renewal thereof, shall be accompanied by an application
9696 68processing fee in the amount of five thousand dollars. The commission shall approve or deny
9797 69such an application within thirty days of submission.
9898 70 (c) The commission shall not issue an endorsement under this section unless the applicant
9999 71holds an unencumbered license to: (i) manufacture alcoholic beverages issued under section 19
100100 72of this chapter, (ii) manufacture marijuana-infused products issued by the cannabis control
101101 73commission under chapter 94G, or (iii) manufacture hemp products issued by the department of
102102 74agricultural resources under chapter 128. 5 of 12
103103 75 (d) No holder of an endorsement or certificate of compliance under this section shall sell
104104 76an infused beverage or infused beverage product to any person in the commonwealth unless such
105105 77person holds an endorsement or certificate of compliance from the commission to manufacture
106106 78infused beverages under this section or to sell infused beverage products at wholesale issued
107107 79under section 81.
108108 80 (e) A holder of an endorsement issued under this section may utilize existing facilities
109109 81and equipment to manufacture infused beverages and infused beverage products in accordance
110110 82with regulations promulgated by the commission. No infused beverage manufacturer shall obtain
111111 83any hemp or hemp product for the purpose of manufacturing any infused beverage that is
112112 84intended to be manufactured, sold or offered for sale in this state unless such hemp product is in
113113 85the form of transportable hemp concentrate, and no such infused beverage manufacturer shall use
114114 86any hemp product other than transportable hemp concentrate to manufacture any such infused
115115 87beverage or infused beverage product.
116116 88 (f) The commission shall issue a certificate of compliance to an out of state entity
117117 89authorized by its home state to manufacture or distribute alcoholic beverages or hemp products;
118118 90provided, however, that such certificate shall be issued upon the condition that the holder shall
119119 91furnish from time to time as the commission may require, but in no event more often than once
120120 92each month, information concerning all shipments or sales of infused beverage products made by
121121 93them into the commonwealth, and that they comply with the provisions of this chapter and any
122122 94rules or regulations promulgated hereunder that pertain to a licensee of the same class, type or
123123 95character, doing business in this commonwealth under a license issued by the commission. The
124124 96commission may suspend, cancel or revoke any certificate issued hereunder for a violation of the
125125 97terms or conditions thereof. All certificates shall be issued to expire December thirty-first of the 6 of 12
126126 98year of issuance and the fee therefor shall be no less than $200. The commission shall issue a
127127 99certificate of compliance within thirty days of application submission.
128128 100 Section 81. Wholesale of infused beverage products
129129 101 (a) No person shall sell an infused beverage product at wholesale in the commonwealth
130130 102unless such person holds an infused beverage product wholesaler and importer endorsement
131131 103issued by the commission pursuant to this section. The commission may impose a fine of up to
132132 104$10,000 on any person that advertises, announces, establishes, maintains or is concerned in
133133 105establishing or maintaining an infused beverage wholesaler without an endorsement granted by
134134 106the commission. Each day during which a violation continues shall constitute a separate offense.
135135 107The commission may conduct surveys and investigations to enforce compliance with this
136136 108section.
137137 109 (b) The commission shall issue for a term of one year, and renew for a like term, an
138138 110endorsement to import or sell infused beverage products at wholesale to an entity that submits to
139139 111the commission, in a form and manner prescribed by the commission, an application that
140140 112demonstrates eligibility for an endorsement under this section. Such an endorsement shall be
141141 113subject to suspension, revocation or refusal to renew for cause. Any application for an
142142 114endorsement under this section, or renewal thereof, shall be accompanied by an application
143143 115processing fee in the amount of five thousand dollars. The commission shall approve or deny
144144 116such an application within thirty days of submission.
145145 117 (c) The commission shall not issue an endorsement under this section unless the applicant
146146 118holds an unencumbered license to import or sell alcoholic beverages at wholesale issued under
147147 119section 18 of this chapter. 7 of 12
148148 120 (d) No holder of an endorsement under this section shall sell an or infused beverage
149149 121product to any person unless such person holds an endorsement from the commission to retail
150150 122infused beverages under section 82.
151151 123 Section 82. Retail of infused beverage products
152152 124 (a) No person shall sell, or offer for sale, at retail an infused beverage product unless such
153153 125person holds an infused beverage product retailer endorsement issued by the commission
154154 126pursuant to this section. No infused beverage product shall be sold, or offered for sale, at retail to
155155 127any individual by way of any indirect means, including, but not limited to, by way of mail or any
156156 128telephonic or other electronic means. The commission may impose a fine of up to $10,000 on a
157157 129person that advertises, announces, establishes, maintains or is concerned in establishing or
158158 130maintaining a retail establishment that sells, or offers for sale, at retail infused beverage products
159159 131in violation of this subsection. Each day during which a violation continues shall constitute a
160160 132separate offense. The commission may conduct surveys and investigations to enforce compliance
161161 133with this section.
162162 134 (b) The commission shall issue for a term of one year, and renew for a like term, an
163163 135endorsement to sell infused beverage products at retail to an entity that submits to the
164164 136commission, in a form and manner prescribed by the commission, an application that
165165 137demonstrates eligibility for an such endorsement under this section. Such an endorsement shall
166166 138be subject to suspension, revocation or refusal to renew for cause. Any application for an
167167 139endorsement under this section, or renewal thereof, shall be accompanied by an application
168168 140processing fee in the amount of five hundred dollars. The commission shall approve or deny such
169169 141an application within thirty days of submission. 8 of 12
170170 142 (c) The commission shall not issue an endorsement under this section unless the applicant
171171 143holds an unencumbered license to: (i) sell all alcoholic beverages or beer and wine at retail under
172172 144this chapter, (ii) operate a medical marijuana treatment center issued by the cannabis control
173173 145commission under chapter 94I, or (iii) operate a retail adult-use marijuana establishment issued
174174 146by the cannabis control commission under chapter 94G.
175175 147 (d) No holder of an endorsement under this section shall purchase infused beverage
176176 148products to be sold at retail from any person unless such person holds an endorsement to
177177 149wholesale infused beverage products issued by the commission under section 81.
178178 150 Section 83. Age restriction
179179 151 No infused beverage product shall be sold to any individual who is younger than twenty-
180180 152one years of age. No owner, agent or employee of a business authorized to sell infused beverage
181181 153products shall sell any infused beverage products to an individual without first verifying the
182182 154individual's age with a valid government-issued driver's license or identity card to establish that
183183 155such individual is twenty-one years of age or older.
184184 156 Section 84. Infused beverage product registration; standards for infused beverage
185185 157products
186186 158 (a) No infused beverage product shall be sold in the commonwealth unless such product
187187 159is registered with the commission and complies with this section. The commission shall publish a
188188 160publicly available list of registered infused beverage products.
189189 161 (b) The commission shall register an infused beverage product following submission of
190190 162an application, in a form and manner prescribed by the commission, that demonstrates 9 of 12
191191 163compliance with this section. At a minimum, such application shall include: (i) the name and
192192 164address of the applicant; (ii) the name and address of the brand or company whose name shall
193193 165appear on the label of the infused beverage product; (iii) the name of the infused beverage
194194 166product; (iv) the name and address of the origin of the infused beverage product with which the
195195 167final product was manufactured; (v) a complete copy of the front and back of the label that will
196196 168appear on the infused beverage product; and, (iv) a certificate of analysis from an accredited
197197 169third-party laboratory for the lot for each product. Such registration shall be subject to
198198 170suspension or revocation for cause. Any initial application for registration under this section shall
199199 171be accompanied by a registration processing fee in the amount of two hundred dollars. The
200200 172commission shall approve or deny such an application within thirty days of submission. Any of
201201 173the following shall require a new product registration and fee: (i) a change in the chemical
202202 174composition or formula of an infused beverage product; (ii) a change to the serving size or
203203 175directions for use of an infused beverage product; or, (iii) any change to the label of an infused
204204 176beverage product.
205205 177 (c) No Infused beverage product may be distributed or sold in the commonwealth unless
206206 178such product:
207207 179 (1) has a certificate of analysis prepared by an independent testing laboratory that states
208208 180the infused beverage or infused beverage product is from a batch that has been tested for, and
209209 181does not contain more than trace amounts of, pesticides, residual solvents, metals, harmful
210210 182pathogens, and toxicants;
211211 183 (2) accurately reflects testing results and contains less than a ten percent variance of the
212212 184concentration of total cannabinoid content as listed on the product label; 10 of 12
213213 185 (3) is distributed or sold in a container that is: (i) suitable to contain products for human
214214 186consumption; (ii) is not attractive to children; and, (iii) is tamper evident; and,
215215 187 (4) complies with the labeling and warning requirements specified in subsection (d).
216216 188 (d) No Infused beverage product may be distributed or sold in the commonwealth unless
217217 189the label of such product:
218218 190 (1)is plainly identifiable to a reasonable consumer that the product is an infused
219219 191beverage product;
220220 192 (2) includes a scannable barcode or quick response code linked to the certificate of
221221 193analysis of the infused beverage from an independent testing laboratory;
222222 194 (3) includes the expiration date, brand name, list of ingredients and the name, telephone
223223 195number and email address of the product manufacturer;
224224 196 (4) specifies the number of milligrams of each cannabinoid per serving and serving size,
225225 197if specific cannabinoids are contained within or marketed for the product;
226226 198 (5) does not include any claim that the product may be used or is effective for the
227227 199prevention, treatment, or cure of a disease or that it may be used to alter the structure or function
228228 200of human or animal bodies unless such claim has been approved by the federal Food and Drug
229229 201Administration; and,
230230 202 (6) includes a warning label containing the following or substantially similar language: (i)
231231 203a statement that the product has not been evaluated or approved by the United States Food and
232232 204Drug Administration (unless such approval has been secured); (ii) the potential for the product to
233233 205cause the consumer to fail a drug test for THC; (iii) a statement that products containing THC 11 of 12
234234 206may cause impairment and impact a consumer’s ability to operate a vehicle; (iv) a statement that
235235 207the product is not recommended for use by pregnant or breastfeeding women; (v) a statement
236236 208that product use may result in health risks and medication interactions; (vi) a statement in capital
237237 209letters to KEEP THIS PRODUCT OUT OF REACH OF CHILDREN; and (vii) a statement or
238238 210infographic that the product is intended only for individuals age 21+.
239239 211 (e) The commission shall establish by regulation a maximum amount of intoxicating
240240 212cannabinoids per infused beverage product container; provided, however, that such maximum
241241 213amount per container established by the commission shall be 5 milligrams per container or shall
242242 214equal the container limit for marijuana-infused beverage products established by the cannabis
243243 215control commission under chapter 94G, whichever is greater.
244244 216 Section 85 Taxation of infused beverages
245245 217 (a) An infused beverage product excise tax will be levied on all infused beverage
246246 218products at a rate of $2.20 per gallon. Manufacturers must file their tax at a schedule specified by
247247 219the department of revenue and pay for products manufactured in Massachusetts for sale in
248248 220Massachusetts. Out of state businesses wholesalers must file at a schedule specified by the
249249 221department of revenue and pay for infused beverage products shipped into Massachusetts for sale
250250 222in Massachusetts. Infused beverage products shall be exempt from sales tax. Infused beverage
251251 223products stored or manufactured in Massachusetts intended for or sold outside Massachusetts
252252 224shall not be subject to an excise tax.
253253 225 (b) The administration of the tax imposed by this section shall be vested in the
254254 226commissioner of revenue and governed by the provisions of chapter 62C. All sums received
255255 227under sections 80 to 85, inclusive, including all sums received as penalties, forfeitures, interest, 12 of 12
256256 228costs of suits and fines, less all amounts allowed as refunds and abatements under sections 79 to
257257 22985, inclusive, shall be credited as follows:
258258 230 (1) 20 per cent shall be credited to the commission for implementation and enforcement
259259 231of sections 79 to 85, inclusive, including, but not limited to, infused beverage product licensing,
260260 232oversight and enforcement.
261261 233 (2) 20 per cent shall be credited to the department of public health for the purposes of
262262 234public education regarding illicit hemp products and for the purposes of funding enforcement
263263 235efforts by local boards of health regarding illicit hemp products.
264264 236 (3) The balance shall be credited to the General Fund.
265265 237 Section 86. Regulations for the implementation of sections 70 to 86, inclusive
266266 238 The commission shall promulgate regulations for the implementation sections 79 to 86,
267267 239inclusive. The commission may, in its discretion, promulgate regulations regarding the
268268 240advertisement, manufacture, distribution, importation, retail, and labelling of infused beverage
269269 241products; provided however, such regulations shall not conflict with sections 79 to 85, inclusive,
270270 242and otherwise shall not be more restrictive than regulations promulgated by the commission
271271 243under this chapter governing the advertisement, manufacture, distribution, importation, retail,
272272 244and labelling of alcoholic beverages.
273273 245 SECTION 2. The alcoholic beverages control commission, established under section 70
274274 246of chapter 10, shall promulgate regulations to implement section 1 not later than 180 days
275275 247following the effective date of this Act.