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HOUSE DOCKET, NO. 3303 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 357
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael S. Day
_________________
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 to regulate hemp-derived beverages like alcohol.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael S. Day31st Middlesex1/17/2025 1 of 12
HOUSE DOCKET, NO. 3303 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 357
By Representative Day of Stoneham, a petition (accompanied by bill, House, No. 357) of
Michael S. Day for legislation to regulate hemp-derived beverages like alcohol. Consumer
Protection and Professional Licensure.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act to regulate hemp-derived beverages like alcohol.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 138 of the General Laws is hereby amended by inserting after
2section 78 the following sections:-
3 Section 79. Definitions applicable to sections 79 through 84, inclusive
4 As used in this section, the following words shall have the following meanings unless the
5context clearly requires otherwise:
6 “Artificially-derived cannabinoid”, a chemical substance that is created by a chemical
7reaction that changes the molecular structure of any chemical substance derived from the
8cannabis plant. “Artificially-derived cannabinoid” does not include: a naturally occurring
9chemical substance that is separated from the cannabis plant by a chemical or mechanical
10extraction process; or a cannabinoid that is produced by decarboxylation from a naturally
11occurring cannabinoid acid without the use of a chemical catalyst. 2 of 12
12 “Cannabinoid”, any of several compounds produced by the cannabis plant that have
13medical and psychotropic effects. This includes but is not limited to cannabidiol (CBD) and
14tetrahydrocannabinol (THC).
15 “Certificate of analysis”, a document produced by an independent testing laboratory
16listing the quantities of the various analytes for which testing was performed.
17 “Container” means an object that is offered, intended for sale or sold to a consumer and
18directly contains an infused beverage product, and does not include an object or packaging that
19indirectly contains, or contains in bulk for transportation purposes, an infused beverage.
20 “Hemp”, as defined in section 1 of chapter 94G.
21 “Independent testing laboratory”, a laboratory that does not have a direct or indirect
22interest in the entity whose product is being tested; does not have a direct or indirect interest in a
23facility that cultivates, processes, distributes, dispenses, or sells infused beverages or infused
24beverage products in the state and is accredited by a third-party accrediting body as a competent
25testing laboratory pursuant to ISO/IEC 17025 of the International Organization for
26Standardization.
27 “Infused beverage”, a beverage intended for human consumption that is not an alcoholic
28beverage, as defined in section 1, that contains, or is advertised, labeled or offered for sale as
29containing an intoxicating cannabinoid and may contain one or more non-intoxicating
30cannabinoids. Infused beverage shall not be considered “food” as defined in section 1 of chapter
3194. 3 of 12
32 “Infused beverage product”, an infused beverage in a container intended for retail sale.
33An infused beverage product shall not be considered “food” as defined in section 1 of chapter 94.
34 “Infused beverage product class”, a group of infused beverage products that have all
35ingredients in common; and are produced by or for the same company.
36 “Intoxicating cannabinoid”, a cannabinoid with intoxicating properties that changes the
37function of the nervous system and results in alterations of perception, cognition, or behavior.
38“Intoxicating cannabinoid” shall include, but shall not be limited to, delta-6-
39tetrahydrocannabinol, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, delta-10-
40tetrahydrocannabinol, and delta-9-tetrahydrocannabinolic acid A.
41 “Non-intoxicating cannabinoid”, a cannabinoid without intoxicating properties that
42changes the function of the nervous system and results in alterations of perception, cognition, or
43behavior. “Non-intoxicating cannabinoid” shall include, but shall not be limited to, cannabidiol,
44cannabidiolic acid, cannabidivarin, cannabidivarinic acid, cannabichromene, cannabichromenic
45acid cannabigerolic acid cannabigerol, and cannabinol.
46 “Transportable hemp concentrate”, the product of any chemical or physical process
47applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in
48the biomass; is derived from the hemp plant that, based on sampling that was collected no more
49than 30 days before the day on which the hemp plant was harvested, contains a combined
50concentration of total THC and any THC analog of less than 0.3% on a dry weight basis; has a
51THC and THC analog concentration total that is less than 20% when concentrated from the hemp
52plant to the purified state; and is intended to be processed into an infused beverage product.
53 Section 80. Manufacture of infused beverages 4 of 12
54 (a) No person shall manufacture an infused beverage that is intended to be sold or offered
55for sale in the commonwealth unless such person holds an infused beverage manufacturer
56endorsement or a certificate of compliance issued by the commission pursuant to this section.
57The commission may impose a fine of up to $10,000 on a person that advertises, announces,
58establishes, maintains or is concerned in establishing or maintaining an infused beverage
59manufacturing operation without an endorsement granted by the commission. Each day during
60which a violation continues shall constitute a separate offense. The commission may conduct
61surveys and investigations to enforce compliance with this section.
62 (b) The commission shall issue for a term of one year, and renew for a like term, an
63endorsement to manufacture infused beverages under this section to an entity that submits to the
64commission, in a form and manner prescribed by the commission, an application that
65demonstrates eligibility for an endorsement under this section. Such an endorsement shall be
66subject to suspension, revocation or refusal to renew for cause. Any application for an
67endorsement under this section, or renewal thereof, shall be accompanied by an application
68processing fee in the amount of five thousand dollars. The commission shall approve or deny
69such an application within thirty days of submission.
70 (c) The commission shall not issue an endorsement under this section unless the applicant
71holds an unencumbered license to: (i) manufacture alcoholic beverages issued under section 19
72of this chapter, (ii) manufacture marijuana-infused products issued by the cannabis control
73commission under chapter 94G, or (iii) manufacture hemp products issued by the department of
74agricultural resources under chapter 128. 5 of 12
75 (d) No holder of an endorsement or certificate of compliance under this section shall sell
76an infused beverage or infused beverage product to any person in the commonwealth unless such
77person holds an endorsement or certificate of compliance from the commission to manufacture
78infused beverages under this section or to sell infused beverage products at wholesale issued
79under section 81.
80 (e) A holder of an endorsement issued under this section may utilize existing facilities
81and equipment to manufacture infused beverages and infused beverage products in accordance
82with regulations promulgated by the commission. No infused beverage manufacturer shall obtain
83any hemp or hemp product for the purpose of manufacturing any infused beverage that is
84intended to be manufactured, sold or offered for sale in this state unless such hemp product is in
85the form of transportable hemp concentrate, and no such infused beverage manufacturer shall use
86any hemp product other than transportable hemp concentrate to manufacture any such infused
87beverage or infused beverage product.
88 (f) The commission shall issue a certificate of compliance to an out of state entity
89authorized by its home state to manufacture or distribute alcoholic beverages or hemp products;
90provided, however, that such certificate shall be issued upon the condition that the holder shall
91furnish from time to time as the commission may require, but in no event more often than once
92each month, information concerning all shipments or sales of infused beverage products made by
93them into the commonwealth, and that they comply with the provisions of this chapter and any
94rules or regulations promulgated hereunder that pertain to a licensee of the same class, type or
95character, doing business in this commonwealth under a license issued by the commission. The
96commission may suspend, cancel or revoke any certificate issued hereunder for a violation of the
97terms or conditions thereof. All certificates shall be issued to expire December thirty-first of the 6 of 12
98year of issuance and the fee therefor shall be no less than $200. The commission shall issue a
99certificate of compliance within thirty days of application submission.
100 Section 81. Wholesale of infused beverage products
101 (a) No person shall sell an infused beverage product at wholesale in the commonwealth
102unless such person holds an infused beverage product wholesaler and importer endorsement
103issued by the commission pursuant to this section. The commission may impose a fine of up to
104$10,000 on any person that advertises, announces, establishes, maintains or is concerned in
105establishing or maintaining an infused beverage wholesaler without an endorsement granted by
106the commission. Each day during which a violation continues shall constitute a separate offense.
107The commission may conduct surveys and investigations to enforce compliance with this
108section.
109 (b) The commission shall issue for a term of one year, and renew for a like term, an
110endorsement to import or sell infused beverage products at wholesale to an entity that submits to
111the commission, in a form and manner prescribed by the commission, an application that
112demonstrates eligibility for an endorsement under this section. Such an endorsement shall be
113subject to suspension, revocation or refusal to renew for cause. Any application for an
114endorsement under this section, or renewal thereof, shall be accompanied by an application
115processing fee in the amount of five thousand dollars. The commission shall approve or deny
116such an application within thirty days of submission.
117 (c) The commission shall not issue an endorsement under this section unless the applicant
118holds an unencumbered license to import or sell alcoholic beverages at wholesale issued under
119section 18 of this chapter. 7 of 12
120 (d) No holder of an endorsement under this section shall sell an or infused beverage
121product to any person unless such person holds an endorsement from the commission to retail
122infused beverages under section 82.
123 Section 82. Retail of infused beverage products
124 (a) No person shall sell, or offer for sale, at retail an infused beverage product unless such
125person holds an infused beverage product retailer endorsement issued by the commission
126pursuant to this section. No infused beverage product shall be sold, or offered for sale, at retail to
127any individual by way of any indirect means, including, but not limited to, by way of mail or any
128telephonic or other electronic means. The commission may impose a fine of up to $10,000 on a
129person that advertises, announces, establishes, maintains or is concerned in establishing or
130maintaining a retail establishment that sells, or offers for sale, at retail infused beverage products
131in violation of this subsection. Each day during which a violation continues shall constitute a
132separate offense. The commission may conduct surveys and investigations to enforce compliance
133with this section.
134 (b) The commission shall issue for a term of one year, and renew for a like term, an
135endorsement to sell infused beverage products at retail to an entity that submits to the
136commission, in a form and manner prescribed by the commission, an application that
137demonstrates eligibility for an such endorsement under this section. Such an endorsement shall
138be subject to suspension, revocation or refusal to renew for cause. Any application for an
139endorsement under this section, or renewal thereof, shall be accompanied by an application
140processing fee in the amount of five hundred dollars. The commission shall approve or deny such
141an application within thirty days of submission. 8 of 12
142 (c) The commission shall not issue an endorsement under this section unless the applicant
143holds an unencumbered license to: (i) sell all alcoholic beverages or beer and wine at retail under
144this chapter, (ii) operate a medical marijuana treatment center issued by the cannabis control
145commission under chapter 94I, or (iii) operate a retail adult-use marijuana establishment issued
146by the cannabis control commission under chapter 94G.
147 (d) No holder of an endorsement under this section shall purchase infused beverage
148products to be sold at retail from any person unless such person holds an endorsement to
149wholesale infused beverage products issued by the commission under section 81.
150 Section 83. Age restriction
151 No infused beverage product shall be sold to any individual who is younger than twenty-
152one years of age. No owner, agent or employee of a business authorized to sell infused beverage
153products shall sell any infused beverage products to an individual without first verifying the
154individual's age with a valid government-issued driver's license or identity card to establish that
155such individual is twenty-one years of age or older.
156 Section 84. Infused beverage product registration; standards for infused beverage
157products
158 (a) No infused beverage product shall be sold in the commonwealth unless such product
159is registered with the commission and complies with this section. The commission shall publish a
160publicly available list of registered infused beverage products.
161 (b) The commission shall register an infused beverage product following submission of
162an application, in a form and manner prescribed by the commission, that demonstrates 9 of 12
163compliance with this section. At a minimum, such application shall include: (i) the name and
164address of the applicant; (ii) the name and address of the brand or company whose name shall
165appear on the label of the infused beverage product; (iii) the name of the infused beverage
166product; (iv) the name and address of the origin of the infused beverage product with which the
167final product was manufactured; (v) a complete copy of the front and back of the label that will
168appear on the infused beverage product; and, (iv) a certificate of analysis from an accredited
169third-party laboratory for the lot for each product. Such registration shall be subject to
170suspension or revocation for cause. Any initial application for registration under this section shall
171be accompanied by a registration processing fee in the amount of two hundred dollars. The
172commission shall approve or deny such an application within thirty days of submission. Any of
173the following shall require a new product registration and fee: (i) a change in the chemical
174composition or formula of an infused beverage product; (ii) a change to the serving size or
175directions for use of an infused beverage product; or, (iii) any change to the label of an infused
176beverage product.
177 (c) No Infused beverage product may be distributed or sold in the commonwealth unless
178such product:
179 (1) has a certificate of analysis prepared by an independent testing laboratory that states
180the infused beverage or infused beverage product is from a batch that has been tested for, and
181does not contain more than trace amounts of, pesticides, residual solvents, metals, harmful
182pathogens, and toxicants;
183 (2) accurately reflects testing results and contains less than a ten percent variance of the
184concentration of total cannabinoid content as listed on the product label; 10 of 12
185 (3) is distributed or sold in a container that is: (i) suitable to contain products for human
186consumption; (ii) is not attractive to children; and, (iii) is tamper evident; and,
187 (4) complies with the labeling and warning requirements specified in subsection (d).
188 (d) No Infused beverage product may be distributed or sold in the commonwealth unless
189the label of such product:
190 (1)is plainly identifiable to a reasonable consumer that the product is an infused
191beverage product;
192 (2) includes a scannable barcode or quick response code linked to the certificate of
193analysis of the infused beverage from an independent testing laboratory;
194 (3) includes the expiration date, brand name, list of ingredients and the name, telephone
195number and email address of the product manufacturer;
196 (4) specifies the number of milligrams of each cannabinoid per serving and serving size,
197if specific cannabinoids are contained within or marketed for the product;
198 (5) does not include any claim that the product may be used or is effective for the
199prevention, treatment, or cure of a disease or that it may be used to alter the structure or function
200of human or animal bodies unless such claim has been approved by the federal Food and Drug
201Administration; and,
202 (6) includes a warning label containing the following or substantially similar language: (i)
203a statement that the product has not been evaluated or approved by the United States Food and
204Drug Administration (unless such approval has been secured); (ii) the potential for the product to
205cause the consumer to fail a drug test for THC; (iii) a statement that products containing THC 11 of 12
206may cause impairment and impact a consumer’s ability to operate a vehicle; (iv) a statement that
207the product is not recommended for use by pregnant or breastfeeding women; (v) a statement
208that product use may result in health risks and medication interactions; (vi) a statement in capital
209letters to KEEP THIS PRODUCT OUT OF REACH OF CHILDREN; and (vii) a statement or
210infographic that the product is intended only for individuals age 21+.
211 (e) The commission shall establish by regulation a maximum amount of intoxicating
212cannabinoids per infused beverage product container; provided, however, that such maximum
213amount per container established by the commission shall be 5 milligrams per container or shall
214equal the container limit for marijuana-infused beverage products established by the cannabis
215control commission under chapter 94G, whichever is greater.
216 Section 85 Taxation of infused beverages
217 (a) An infused beverage product excise tax will be levied on all infused beverage
218products at a rate of $2.20 per gallon. Manufacturers must file their tax at a schedule specified by
219the department of revenue and pay for products manufactured in Massachusetts for sale in
220Massachusetts. Out of state businesses wholesalers must file at a schedule specified by the
221department of revenue and pay for infused beverage products shipped into Massachusetts for sale
222in Massachusetts. Infused beverage products shall be exempt from sales tax. Infused beverage
223products stored or manufactured in Massachusetts intended for or sold outside Massachusetts
224shall not be subject to an excise tax.
225 (b) The administration of the tax imposed by this section shall be vested in the
226commissioner of revenue and governed by the provisions of chapter 62C. All sums received
227under sections 80 to 85, inclusive, including all sums received as penalties, forfeitures, interest, 12 of 12
228costs of suits and fines, less all amounts allowed as refunds and abatements under sections 79 to
22985, inclusive, shall be credited as follows:
230 (1) 20 per cent shall be credited to the commission for implementation and enforcement
231of sections 79 to 85, inclusive, including, but not limited to, infused beverage product licensing,
232oversight and enforcement.
233 (2) 20 per cent shall be credited to the department of public health for the purposes of
234public education regarding illicit hemp products and for the purposes of funding enforcement
235efforts by local boards of health regarding illicit hemp products.
236 (3) The balance shall be credited to the General Fund.
237 Section 86. Regulations for the implementation of sections 70 to 86, inclusive
238 The commission shall promulgate regulations for the implementation sections 79 to 86,
239inclusive. The commission may, in its discretion, promulgate regulations regarding the
240advertisement, manufacture, distribution, importation, retail, and labelling of infused beverage
241products; provided however, such regulations shall not conflict with sections 79 to 85, inclusive,
242and otherwise shall not be more restrictive than regulations promulgated by the commission
243under this chapter governing the advertisement, manufacture, distribution, importation, retail,
244and labelling of alcoholic beverages.
245 SECTION 2. The alcoholic beverages control commission, established under section 70
246of chapter 10, shall promulgate regulations to implement section 1 not later than 180 days
247following the effective date of this Act.