Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S222 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2494 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 222
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William J. Driscoll, Jr.
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 to regulate Hemp-derived beverages like alcohol.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :William J. Driscoll, Jr.Norfolk, Plymouth and Bristol 1 of 12
16	16	SENATE DOCKET, NO. 2494 FILED ON: 1/17/2025
17	17	SENATE . . . . . . . . . . . . . . No. 222
18	18	By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 222) of William J. Driscoll, Jr. for
19	19	legislation to regulate Hemp-derived beverages by imposing a fine if a person that is involved in
20	20	establishing or maintaining an infused beverage manufacturing operation without an
21	21	endorsement granted by the commission. Consumer Protection and Professional Licensure.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to regulate Hemp-derived beverages like alcohol.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 138 of the General Laws is hereby amended by inserting after
31	31	2section 78 the following sections:-
32	32	3 Section 79. Definitions applicable to sections 79 through 84, inclusive
33	33	4 As used in this section, the following words shall have the following meanings unless the
34	34	5context clearly requires otherwise:
35	35	6 “Artificially-derived cannabinoid”, a chemical substance that is created by a chemical
36	36	7reaction that changes the molecular structure of any chemical substance derived from the
37	37	8cannabis plant. “Artificially-derived cannabinoid” does not include: a naturally occurring
38	38	9chemical substance that is separated from the cannabis plant by a chemical or mechanical
39	39	10extraction process; or a cannabinoid that is produced by decarboxylation from a naturally
40	40	11occurring cannabinoid acid without the use of a chemical catalyst. 2 of 12
41	41	12 “Cannabinoid”, any of several compounds produced by the cannabis plant that have
42	42	13medical and psychotropic effects. This includes but is not limited to cannabidiol (CBD) and
43	43	14tetrahydrocannabinol (THC).
44	44	15 “Certificate of analysis”, a document produced by an independent testing laboratory
45	45	16listing the quantities of the various analytes for which testing was performed.
46	46	17 “Container” means an object that is offered, intended for sale or sold to a consumer and
47	47	18directly contains an infused beverage product, and does not include an object or packaging that
48	48	19indirectly contains, or contains in bulk for transportation purposes, an infused beverage.
49	49	20 “Hemp”, as defined in section 1 of chapter 94G.
50	50	21 “Independent testing laboratory”, a laboratory that does not have a direct or indirect
51	51	22interest in the entity whose product is being tested; does not have a direct or indirect interest in a
52	52	23facility that cultivates, processes, distributes, dispenses, or sells infused beverages or infused
53	53	24beverage products in the state and is accredited by a third-party accrediting body as a competent
54	54	25testing laboratory pursuant to ISO/IEC 17025 of the International Organization for
55	55	26Standardization.
56	56	27 “Infused beverage”, a beverage intended for human consumption that is not an alcoholic
57	57	28beverage, as defined in section 1, that contains, or is advertised, labeled or offered for sale as
58	58	29containing an intoxicating cannabinoid and may contain one or more non-intoxicating
59	59	30cannabinoids. Infused beverage shall not be considered “food” as defined in section 1 of chapter
60	60	3194. 3 of 12
61	61	32 “Infused beverage product”, an infused beverage in a container intended for retail sale.
62	62	33An infused beverage product shall not be considered “food” as defined in section 1 of chapter 94.
63	63	34 “Infused beverage product class”, a group of infused beverage products that have all
64	64	35ingredients in common; and are produced by or for the same company.
65	65	36 “Intoxicating cannabinoid”, a cannabinoid with intoxicating properties that changes the
66	66	37function of the nervous system and results in alterations of perception, cognition, or behavior.
67	67	38“Intoxicating cannabinoid” shall include, but shall not be limited to, delta-6-
68	68	39tetrahydrocannabinol, delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, delta-10-
69	69	40tetrahydrocannabinol, and delta-9-tetrahydrocannabinolic acid A.
70	70	41 “Non-intoxicating cannabinoid”, a cannabinoid without intoxicating properties that
71	71	42changes the function of the nervous system and results in alterations of perception, cognition, or
72	72	43behavior. “Non-intoxicating cannabinoid” shall include, but shall not be limited to, cannabidiol,
73	73	44cannabidiolic acid, cannabidivarin, cannabidivarinic acid, cannabichromene, cannabichromenic
74	74	45acid cannabigerolic acid cannabigerol, and cannabinol.
75	75	46 “Transportable hemp concentrate”, the product of any chemical or physical process
76	76	47applied to naturally occurring biomass that concentrates or isolates the cannabinoids contained in
77	77	48the biomass; is derived from the hemp plant that, based on sampling that was collected no more
78	78	49than 30 days before the day on which the hemp plant was harvested, contains a combined
79	79	50concentration of total THC and any THC analog of less than 0.3% on a dry weight basis; has a
80	80	51THC and THC analog concentration total that is less than 20% when concentrated from the hemp
81	81	52plant to the purified state; and is intended to be processed into an infused beverage product.
82	82	53 Section 80. Manufacture of infused beverages 4 of 12
83	83	54 (a) No person shall manufacture an infused beverage that is intended to be sold or offered
84	84	55for sale in the commonwealth unless such person holds an infused beverage manufacturer
85	85	56endorsement or a certificate of compliance issued by the commission pursuant to this section.
86	86	57The commission may impose a fine of up to $10,000 on a person that advertises, announces,
87	87	58establishes, maintains or is concerned in establishing or maintaining an infused beverage
88	88	59manufacturing operation without an endorsement granted by the commission. Each day during
89	89	60which a violation continues shall constitute a separate offense. The commission may conduct
90	90	61surveys and investigations to enforce compliance with this section.
91	91	62 (b) The commission shall issue for a term of one year, and renew for a like term, an
92	92	63endorsement to manufacture infused beverages under this section to an entity that submits to the
93	93	64commission, in a form and manner prescribed by the commission, an application that
94	94	65demonstrates eligibility for an endorsement under this section. Such an endorsement shall be
95	95	66subject to suspension, revocation or refusal to renew for cause. Any application for an
96	96	67endorsement under this section, or renewal thereof, shall be accompanied by an application
97	97	68processing fee in the amount of five thousand dollars. The commission shall approve or deny
98	98	69such an application within thirty days of submission.
99	99	70 (c) The commission shall not issue an endorsement under this section unless the applicant
100	100	71holds an unencumbered license to: (i) manufacture alcoholic beverages issued under section 19
101	101	72of this chapter, (ii) manufacture marijuana-infused products issued by the cannabis control
102	102	73commission under chapter 94G, or (iii) manufacture hemp products issued by the department of
103	103	74agricultural resources under chapter 128. 5 of 12
104	104	75 (d) No holder of an endorsement or certificate of compliance under this section shall sell
105	105	76an infused beverage or infused beverage product to any person in the commonwealth unless such
106	106	77person holds an endorsement or certificate of compliance from the commission to manufacture
107	107	78infused beverages under this section or to sell infused beverage products at wholesale issued
108	108	79under section 81.
109	109	80 (e) A holder of an endorsement issued under this section may utilize existing facilities
110	110	81and equipment to manufacture infused beverages and infused beverage products in accordance
111	111	82with regulations promulgated by the commission. No infused beverage manufacturer shall obtain
112	112	83any hemp or hemp product for the purpose of manufacturing any infused beverage that is
113	113	84intended to be manufactured, sold or offered for sale in this state unless such hemp product is in
114	114	85the form of transportable hemp concentrate, and no such infused beverage manufacturer shall use
115	115	86any hemp product other than transportable hemp concentrate to manufacture any such infused
116	116	87beverage or infused beverage product.
117	117	88 (f) The commission shall issue a certificate of compliance to an out of state entity
118	118	89authorized by its home state to manufacture or distribute alcoholic beverages or hemp products;
119	119	90provided, however, that such certificate shall be issued upon the condition that the holder shall
120	120	91furnish from time to time as the commission may require, but in no event more often than once
121	121	92each month, information concerning all shipments or sales of infused beverage products made by
122	122	93them into the commonwealth, and that they comply with the provisions of this chapter and any
123	123	94rules or regulations promulgated hereunder that pertain to a licensee of the same class, type or
124	124	95character, doing business in this commonwealth under a license issued by the commission. The
125	125	96commission may suspend, cancel or revoke any certificate issued hereunder for a violation of the
126	126	97terms or conditions thereof. All certificates shall be issued to expire December thirty-first of the 6 of 12
127	127	98year of issuance and the fee therefor shall be no less than $200. The commission shall issue a
128	128	99certificate of compliance within thirty days of application submission.
129	129	100 Section 81. Wholesale of infused beverage products
130	130	101 (a) No person shall sell an infused beverage product at wholesale in the commonwealth
131	131	102unless such person holds an infused beverage product wholesaler and importer endorsement
132	132	103issued by the commission pursuant to this section. The commission may impose a fine of up to
133	133	104$10,000 on any person that advertises, announces, establishes, maintains or is concerned in
134	134	105establishing or maintaining an infused beverage wholesaler without an endorsement granted by
135	135	106the commission. Each day during which a violation continues shall constitute a separate offense.
136	136	107The commission may conduct surveys and investigations to enforce compliance with this
137	137	108section.
138	138	109 (b) The commission shall issue for a term of one year, and renew for a like term, an
139	139	110endorsement to import or sell infused beverage products at wholesale to an entity that submits to
140	140	111the commission, in a form and manner prescribed by the commission, an application that
141	141	112demonstrates eligibility for an endorsement under this section. Such an endorsement shall be
142	142	113subject to suspension, revocation or refusal to renew for cause. Any application for an
143	143	114endorsement under this section, or renewal thereof, shall be accompanied by an application
144	144	115processing fee in the amount of five thousand dollars. The commission shall approve or deny
145	145	116such an application within thirty days of submission.
146	146	117 (c) The commission shall not issue an endorsement under this section unless the applicant
147	147	118holds an unencumbered license to import or sell alcoholic beverages at wholesale issued under
148	148	119section 18 of this chapter. 7 of 12
149	149	120 (d) No holder of an endorsement under this section shall sell an or infused beverage
150	150	121product to any person unless such person holds an endorsement from the commission to retail
151	151	122infused beverages under section 82.
152	152	123 Section 82. Retail of infused beverage products
153	153	124 (a) No person shall sell, or offer for sale, at retail an infused beverage product unless such
154	154	125person holds an infused beverage product retailer endorsement issued by the commission
155	155	126pursuant to this section. No infused beverage product shall be sold, or offered for sale, at retail to
156	156	127any individual by way of any indirect means, including, but not limited to, by way of mail or any
157	157	128telephonic or other electronic means. The commission may impose a fine of up to $10,000 on a
158	158	129person that advertises, announces, establishes, maintains or is concerned in establishing or
159	159	130maintaining a retail establishment that sells, or offers for sale, at retail infused beverage products
160	160	131in violation of this subsection. Each day during which a violation continues shall constitute a
161	161	132separate offense. The commission may conduct surveys and investigations to enforce compliance
162	162	133with this section.
163	163	134 (b) The commission shall issue for a term of one year, and renew for a like term, an
164	164	135endorsement to sell infused beverage products at retail to an entity that submits to the
165	165	136commission, in a form and manner prescribed by the commission, an application that
166	166	137demonstrates eligibility for an such endorsement under this section. Such an endorsement shall
167	167	138be subject to suspension, revocation or refusal to renew for cause. Any application for an
168	168	139endorsement under this section, or renewal thereof, shall be accompanied by an application
169	169	140processing fee in the amount of five hundred dollars. The commission shall approve or deny such
170	170	141an application within thirty days of submission. 8 of 12
171	171	142 (c) The commission shall not issue an endorsement under this section unless the applicant
172	172	143holds an unencumbered license to: (i) sell all alcoholic beverages or beer and wine at retail under
173	173	144this chapter, (ii) operate a medical marijuana treatment center issued by the cannabis control
174	174	145commission under chapter 94I, or (iii) operate a retail adult-use marijuana establishment issued
175	175	146by the cannabis control commission under chapter 94G.
176	176	147 (d) No holder of an endorsement under this section shall purchase infused beverage
177	177	148products to be sold at retail from any person unless such person holds an endorsement to
178	178	149wholesale infused beverage products issued by the commission under section 81.
179	179	150 Section 83. Age restriction
180	180	151 No infused beverage product shall be sold to any individual who is younger than twenty-
181	181	152one years of age. No owner, agent or employee of a business authorized to sell infused beverage
182	182	153products shall sell any infused beverage products to an individual without first verifying the
183	183	154individual's age with a valid government-issued driver's license or identity card to establish that
184	184	155such individual is twenty-one years of age or older.
185	185	156 Section 84. Infused beverage product registration; standards for infused beverage
186	186	157products
187	187	158 (a) No infused beverage product shall be sold in the commonwealth unless such product
188	188	159is registered with the commission and complies with this section. The commission shall publish a
189	189	160publicly available list of registered infused beverage products.
190	190	161 (b) The commission shall register an infused beverage product following submission of
191	191	162an application, in a form and manner prescribed by the commission, that demonstrates 9 of 12
192	192	163compliance with this section. At a minimum, such application shall include: (i) the name and
193	193	164address of the applicant; (ii) the name and address of the brand or company whose name shall
194	194	165appear on the label of the infused beverage product; (iii) the name of the infused beverage
195	195	166product; (iv) the name and address of the origin of the infused beverage product with which the
196	196	167final product was manufactured; (v) a complete copy of the front and back of the label that will
197	197	168appear on the infused beverage product; and, (iv) a certificate of analysis from an accredited
198	198	169third-party laboratory for the lot for each product. Such registration shall be subject to
199	199	170suspension or revocation for cause. Any initial application for registration under this section shall
200	200	171be accompanied by a registration processing fee in the amount of two hundred dollars. The
201	201	172commission shall approve or deny such an application within thirty days of submission. Any of
202	202	173the following shall require a new product registration and fee: (i) a change in the chemical
203	203	174composition or formula of an infused beverage product; (ii) a change to the serving size or
204	204	175directions for use of an infused beverage product; or, (iii) any change to the label of an infused
205	205	176beverage product.
206	206	177 (c) No Infused beverage product may be distributed or sold in the commonwealth unless
207	207	178such product:
208	208	179 (1) has a certificate of analysis prepared by an independent testing laboratory that states
209	209	180the infused beverage or infused beverage product is from a batch that has been tested for, and
210	210	181does not contain more than trace amounts of, pesticides, residual solvents, metals, harmful
211	211	182pathogens, and toxicants;
212	212	183 (2) accurately reflects testing results and contains less than a ten percent variance of the
213	213	184concentration of total cannabinoid content as listed on the product label; 10 of 12
214	214	185 (3) is distributed or sold in a container that is: (i) suitable to contain products for human
215	215	186consumption; (ii) is not attractive to children; and, (iii) is tamper evident; and,
216	216	187 (4) complies with the labeling and warning requirements specified in subsection (d).
217	217	188 (d) No Infused beverage product may be distributed or sold in the commonwealth unless
218	218	189the label of such product:
219	219	190 (1)is plainly identifiable to a reasonable consumer that the product is an infused
220	220	191beverage product;
221	221	192 (2) includes a scannable barcode or quick response code linked to the certificate of
222	222	193analysis of the infused beverage from an independent testing laboratory;
223	223	194 (3) includes the expiration date, brand name, list of ingredients and the name, telephone
224	224	195number and email address of the product manufacturer;
225	225	196 (4) specifies the number of milligrams of each cannabinoid per serving and serving size,
226	226	197if specific cannabinoids are contained within or marketed for the product;
227	227	198 (5) does not include any claim that the product may be used or is effective for the
228	228	199prevention, treatment, or cure of a disease or that it may be used to alter the structure or function
229	229	200of human or animal bodies unless such claim has been approved by the federal Food and Drug
230	230	201Administration; and,
231	231	202 (6) includes a warning label containing the following or substantially similar language: (i)
232	232	203a statement that the product has not been evaluated or approved by the United States Food and
233	233	204Drug Administration (unless such approval has been secured); (ii) the potential for the product to
234	234	205cause the consumer to fail a drug test for THC; (iii) a statement that products containing THC 11 of 12
235	235	206may cause impairment and impact a consumer’s ability to operate a vehicle; (iv) a statement that
236	236	207the product is not recommended for use by pregnant or breastfeeding women; (v) a statement
237	237	208that product use may result in health risks and medication interactions; (vi) a statement in capital
238	238	209letters to KEEP THIS PRODUCT OUT OF REACH OF CHILDREN; and (vii) a statement or
239	239	210infographic that the product is intended only for individuals age 21+.
240	240	211 (e) The commission shall establish by regulation a maximum amount of intoxicating
241	241	212cannabinoids per infused beverage product container; provided, however, that such maximum
242	242	213amount per container established by the commission shall be 5 milligrams per container or shall
243	243	214equal the container limit for marijuana-infused beverage products established by the cannabis
244	244	215control commission under chapter 94G, whichever is greater.
245	245	216 Section 85. Taxation of infused beverages
246	246	217 (a) An infused beverage product excise tax will be levied on all infused beverage
247	247	218products at a rate of $2.20 per gallon. Manufacturers must file their tax at a schedule specified by
248	248	219the department of revenue and pay for products manufactured in Massachusetts for sale in
249	249	220Massachusetts. Out of state businesses wholesalers must file at a schedule specified by the
250	250	221department of revenue and pay for infused beverage products shipped into Massachusetts for sale
251	251	222in Massachusetts. Infused beverage products shall be exempt from sales tax. Infused beverage
252	252	223products stored or manufactured in Massachusetts intended for or sold outside Massachusetts
253	253	224shall not be subject to an excise tax.
254	254	225 (b) The administration of the tax imposed by this section shall be vested in the
255	255	226commissioner of revenue and governed by the provisions of chapter 62C. All sums received
256	256	227under sections 80 to 85, inclusive, including all sums received as penalties, forfeitures, interest, 12 of 12
257	257	228costs of suits and fines, less all amounts allowed as refunds and abatements under sections 79 to
258	258	22985, inclusive, shall be credited as follows:
259	259	230 (1) 20 per cent shall be credited to the commission for implementation and enforcement
260	260	231of sections 79 to 85, inclusive, including, but not limited to, infused beverage product licensing,
261	261	232oversight and enforcement.
262	262	233 (2) 20 per cent shall be credited to the department of public health for the purposes of
263	263	234public education regarding illicit hemp products and for the purposes of funding enforcement
264	264	235efforts by local boards of health regarding illicit hemp products.
265	265	236 (3) The balance shall be credited to the General Fund.
266	266	237 Section 86. Regulations for the implementation of sections 70 to 86, inclusive
267	267	238 The commission shall promulgate regulations for the implementation sections 79 to 86,
268	268	239inclusive. The commission may, in its discretion, promulgate regulations regarding the
269	269	240advertisement, manufacture, distribution, importation, retail, and labelling of infused beverage
270	270	241products; provided however, such regulations shall not conflict with sections 79 to 85, inclusive,
271	271	242and otherwise shall not be more restrictive than regulations promulgated by the commission
272	272	243under this chapter governing the advertisement, manufacture, distribution, importation, retail,
273	273	244and labelling of alcoholic beverages.
274	274	245 SECTION 2. The alcoholic beverages control commission, established under section 70
275	275	246of chapter 10, shall promulgate regulations to implement section 1 not later than 180 days
276	276	247following the effective date of this Act.