Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S54 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. 1687 FILED ON: 1/16/2025
3	3	SENATE . . . . . . . . . . . . . . No. 54
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joanne M. Comerford
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 regulating the sale of hemp products to protect public health.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and Worcester 1 of 10
16	16	SENATE DOCKET, NO. 1687 FILED ON: 1/16/2025
17	17	SENATE . . . . . . . . . . . . . . No. 54
18	18	By Ms. Comerford, a petition (accompanied by bill, Senate, No. 54) of Joanne M. Comerford for
19	19	legislation to regulate the sale of hemp products and establish the Hemp Product Education
20	20	Fund. Agriculture.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act regulating the sale of hemp products to protect public health.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 64N of the General Laws, as appearing in the 2022 Official
30	30	2Edition, is hereby amended by striking out section 1 and inserting in place thereof the following
31	31	3section:-
32	32	4 Section 1. As used in this chapter, the following words shall, unless the context clearly
33	33	5requires otherwise, have the following meanings:
34	34	6 (a) ''Commissioner'', the commissioner of revenue.
35	35	7 (b) “Hemp products”, as defined in section 1 of chapter 94G.
36	36	8 (c) ''Marijuana,'' ''Marijuana establishment,'' ''Marijuana product'' and ''Marijuana
37	37	9retailer'', as defined in section 1 of chapter 94G.
38	38	10 (d) ''Social equity business'', a marijuana retailer that is a social equity business, as
39	39	11defined in section 1 of chapter 94G. 2 of 10
40	40	12 SECTION 2. Chapter 64N of the General Laws, as so appearing, is hereby further
41	41	13amended by inserting, after section 2, the following section:-
42	42	14 Section 2A. A retailer shall impose a fee at a rate of 10.75 per cent of the total sale price
43	43	15received by the retailer as a consideration for the sale of hemp products on anyone other than a
44	44	16marijuana establishment. The fee shall be levied in addition to state tax imposed upon the sale of
45	45	17property or services as provided in section 2 of chapter 64H and shall be paid by a retailer to the
46	46	18commissioner at the time provided for filing the return required by section 16 of chapter 62C.
47	47	19 SECTION 3. Section 4 of chapter 64N, as so appearing, is hereby amended by striking
48	48	20out the phrase “marijuana or marijuana products”, and inserting in place thereof, the following
49	49	21phrase:- “marijuana, marijuana products or hemp products”.
50	50	22 SECTION 4. Section 5 of chapter 64N, as so appearing, is hereby amended by inserting,
51	51	23after the second instance of the phrase “revenue collected pursuant to”, the following phrase:-
52	52	24“section 2A of this chapter or”.
53	53	25 SECTION 5. Said section 5 of said chapter 64N, as so appearing, is hereby further
54	54	26amended by inserting, after the first sentence, the following sentence:-
55	55	27 The commissioner shall deposit revenue collected pursuant to section 2A of this chapter
56	56	28in the Hemp Product Education Fund established in section 14B of chapter 94G.
57	57	29 SECTION 6. Chapter 94 of the General Laws, as appearing in the 2022 Official Edition,
58	58	30is hereby amended by inserting, after section 329, the following 6 sections:-
59	59	31 Section 330. As used in this section and sections 331 to 335, inclusive, the following
60	60	32words and phrases shall have the following meanings:- 3 of 10
61	61	33 ''Governmental entity'', an official body of the commonwealth, or of a county, city or
62	62	34town within the commonwealth.
63	63	35 “Non-ingestible hemp product”, a final product derived from hemp, including hemp
64	64	36harvested, processed, manufactured or sold pursuant to section 118 of chapter 128, that is not
65	65	37intended to be ingested, inhaled or otherwise introduced into the human body, other than through
66	66	38topical administration or application, and that does not cause an altered mental state or other
67	67	39intoxicating effect when ingested, inhaled or otherwise introduced into the human body, even if
68	68	40this is not among its stated purposes.
69	69	41 ''Person'', a natural person, corporation, association, partnership or other legal entity.
70	70	42 Section 331. (a) No non-ingestible hemp product shall be sold or otherwise transferred:
71	71	43 (i)That is advertised as consumable by ingestion, inhalation or otherwise
72	72	44introducible into the human body other than through topical administration or application;
73	73	45 (ii)That is advertised as causing or having the ability to cause an altered mental state
74	74	46or other intoxicating effect when ingested, inhaled or otherwise introduced into the human body;
75	75	47 (iii)In packaging that includes any markings or images indicating that it may cause an
76	76	48altered mental state or other intoxicating effect;
77	77	49 (iv)In packaging that closely resembles the packaging of candy or other food products
78	78	50marketed towards children; or
79	79	51 (v)That is adulterated, except that hemp included in a non-ingestible hemp product
80	80	52under this chapter shall not be considered an adulterant. 4 of 10
81	81	53 (b) Excepting prescription drugs as defined in section 1 of Chapter 94C, marijuana and
82	82	54hemp products sold pursuant to chapter 94G, products sold in marijuana establishments, and
83	83	55non-ingestible hemp products, a product containing any cannabinoid may not be sold or
84	84	56otherwise transferred.
85	85	57 Section 332. If a local board of health has reason to suspect a product is in violation of
86	86	58sections 330 to 335, inclusive, that board shall conduct examinations and investigations and may
87	87	59take samples of products for analysis to determine compliance with the provisions of sections
88	88	60330 to 335, inclusive. If that board determines that a violation of the provisions of sections 330
89	89	61to 335, inclusive, has occurred, they shall take enforcement action. If requested by a local board
90	90	62of health, the department of public health may furnish advice and assistance to the board and
91	91	63may coordinate further for the purposes of investigating suspected violations.
92	92	64 Section 333. (a) For a first violation of the provisions of sections 330 to 335, inclusive,
93	93	65enforcement actions shall consist of removal from the premises all products that the department
94	94	66determines violate sections 330 to 335, inclusive, as well as a written warning to the violating
95	95	67person that repeated violations may result in revocation of operating permits and licenses. This
96	96	68warning may include a requirement for the violating person to complete an informational course
97	97	69that explains the laws and regulations surrounding the sale of hemp products and products that
98	98	70contain cannabinoids. If an informational course is required as an enforcement action for a first
99	99	71violation, it shall be administered by the local board of health that made the initial determination
100	100	72of a violation. Failure of the violating person to complete a required course within 6 months of
101	101	73the reception of this warning may be considered a separate violation of the provisions of sections
102	102	74330 to 335, inclusive. 5 of 10
103	103	75 (b) For repeated violation s of the provisions of sections 330 to 335, inclusive, either as a
104	104	76result of repeated investigations by a local board of health or the failure to complete an
105	105	77informational course administered following a first violation, enforcement actions shall include,
106	106	78but not be limited to, removal from the premises of all products that the department determines
107	107	79violate sections 330 to 335, inclusive, and the destruction of these products. The local board of
108	108	80health that made the determination of these repeated violations may, within 30 days of a
109	109	81determination that a product is in violation of section 330 to 335, inclusive, send written notice
110	110	82of this violation to all governmental entities that have issued a permit or license to any violating
111	111	83person; provided that this may include governmental entities that issue a permit or license to a
112	112	84person after a determination is made but before written notices are sent. Repeated violations of
113	113	85sections 330 to 335, inclusive, may be considered by a governmental entity as grounds for
114	114	86suspension or revocation of any permit or license issued by this entity that relates to the
115	115	87production or sale of food, alcohol, tobacco, cosmetics or drugs.
116	116	88 Section 334. Local boards of health may establish civil administrative fines for repeated
117	117	89violations of sections 330 to 335, inclusive. A person aggrieved by the assessment of a fine under
118	118	90this section may appeal to the full board from which it was assessed not later than 21 days after
119	119	91the receipt of the notice of the fine. Appeals shall be given a speedy hearing before the local
120	120	92board of health from which it was assessed.
121	121	93 Section 335. (a) Local boards of health may make rules and regulations to carry out the
122	122	94provisions of sections 330 to 335, inclusive; provided, that these rules or regulations are not
123	123	95inconsistent with rules or regulations of the department of public health, the cannabis control
124	124	96commission or the department of agricultural resources. 6 of 10
125	125	97 (b) Whenever changes are made regarding a local board of health’s enforcement of the
126	126	98provisions of said sections, local boards of health shall send written communication of these
127	127	99changes to all persons within their jurisdiction that have active permits or licenses relating to
128	128	100food, alcohol, tobacco, cosmetics or drugs in a timely manner.
129	129	101 (c) Nothing in this section shall be construed to exempt from penalty any person found
130	130	102responsible for a violation of sections 330 to 335, inclusive, as a result of not receiving a written
131	131	103communication described in subsection (b); provided, that the responsible local board of health
132	132	104made a good faith effort to provide this information to those who are entitled to it under
133	133	105subsection (b).
134	134	106 SECTION 7. Section 1 of chapter 94C of the General Laws, as appearing in the 2022
135	135	107Official Edition, is hereby amended striking the definition of “Marihuana” and inserting in its
136	136	108place the following definition:-
137	137	109 'Marihuana'', all parts of the plant Cannabis sativa L., whether growing or not; the seeds
138	138	110thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt,
139	139	111derivative, mixture, or preparation of the plant, its seeds or resin; provided, this shall not include
140	140	112the mature stalks of the plant, industrial hemp as defined in section 116 of chapter 128, fiber
141	141	113produced from the stalks, oil, or cake made from the seeds of the plant, any other compound,
142	142	114manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin
143	143	115extracted therefrom, fiber, oil, or cake or the sterilized seed of the plant which is incapable of
144	144	116germination; and provided further, this shall not include hemp products as defined by chapter
145	145	11794G or non-ingestible hemp products as defined by chapter 94 which are compliant with all
146	146	118applicable state laws and regulations. 7 of 10
147	147	119 SECTION 8. Section 1 of chapter 94G of the General Laws, as appearing in the 2022
148	148	120Official Edition, is hereby amended by striking the definition of hemp and inserting in its place
149	149	121the following 2 definitions:-
150	150	122 “Hemp”, the plant of the genus Cannabis and any part of that plant, including all
151	151	123derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, but not including
152	152	124the seeds thereof, whether growing or not, with a total tetrahydrocannabinol concentration,
153	153	125including tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight
154	154	126basis. This does not include tetrahydrocannabinols present in the finished dosage formulation of
155	155	127a drug product that has been approved by the United States Food and Drug Administration.
156	156	128 “Hemp product”, any intermediate or final product derived from hemp harvested,
157	157	129processed, manufactured or sold pursuant to section 118 of chapter 128 and section 12(f) of
158	158	130chapter 94G, but not from industrial hemp, that is prepared in a form available for commercial
159	159	131sale and intended for human consumption, including but not limited to edible products such as
160	160	132food and beverages and inhalable products such as flower, distillations and vaporizers; provided,
161	161	133however, that this definition shall not include non-ingestible hemp products as defined by
162	162	134chapter 94.
163	163	135 SECTION 9. Said section 1 of said chapter 94G, as so appearing, is hereby further
164	164	136amended by striking the definition of “Marijuana” or “Marihuana” and inserting in its place the
165	165	137following definition:-
166	166	138 “Marijuana” or “Marihuana'', all parts of the plant Cannabis sativa L., whether growing
167	167	139or not; the seeds thereof; and resin extracted from any part of the plant; and every compound,
168	168	140manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin; provided, this 8 of 10
169	169	141shall not include the mature stalks of the plant, industrial hemp as defined in section 116 of
170	170	142chapter 128, fiber produced from the stalks, oil or cake made from the seeds of the plant, any
171	171	143other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks,
172	172	144except the resin extracted therefrom, fiber, oil or cake or the sterilized seed of the plant which is
173	173	145incapable of germination; and provided further, this shall not include hemp products as defined
174	174	146by chapter 94G or non-ingestible hemp products as defined by chapter 94 which are compliant
175	175	147with all applicable state laws and regulations.
176	176	148 SECTION 10. Subsection (a 1/2) of section 4 of said chapter 94G, as so appearing, is
177	177	149hereby amended by inserting, after paragraph (xxxviii), the following 2 clauses:
178	178	150 (xxxix) establish standards for allowing the sale of hemp products to consumers by
179	179	151marijuana establishments; and
180	180	152 (xxxx) establish standards for the manufacture, packaging and transportation of hemp
181	181	153products; provided, when applicable, that these standards are as strict or stricter than the
182	182	154standards adopted for marijuana products.
183	183	155 SECTION 11. Section 12 of said chapter 94G, as so appearing, is hereby amended by
184	184	156striking subsection (f) and inserting in its place the following subsection:-
185	185	157 (f) No marijuana establishment shall cultivate, manufacture, sell or otherwise transact
186	186	158business with any products containing cannabinoids other than those that were produced,
187	187	159distributed and taxed in compliance with this chapter or any hemp and hemp products cultivated
188	188	160and manufactured in compliance with a license from the department of agricultural resources
189	189	161pursuant to chapter 128 and in compliance with regulations set forth by the United States
190	190	162Department of Agriculture. No hemp product shall contain more than 100 parts per million or 9 of 10
191	191	163100 micrograms per gram of any cannabinoid which is not naturally produced by hemp plants
192	192	164above this concentration.
193	193	165 SECTION 12. Chapter 94G, as so appearing, is hereby further amended by inserting,
194	194	166after section 14A, the following section:-
195	195	167 Section 14B. (a) There shall be established and set up on the books of the commonwealth
196	196	168a separate fund, to be known as the Hemp Product Education Fund. It shall consist of all monies
197	197	169received on account of the commonwealth as a result of revenue generated by the fee imposed by
198	198	170section 2A of chapter 64N, subject to the provisions described in section 5 of Chapter 64N,
199	199	171interest earned or other income on balances in the fund, any appropriations authorized by the
200	200	172general court specifically designated to be credited to the fund, and gifts, grants and donations
201	201	173from public or private sources.
202	202	174 (b) Money in the fund shall be expended for the implementation, administration and
203	203	175enforcement of sections 330 to 335, inclusive, of chapter 94 by local boards of health. This shall
204	204	176include, but not be limited to:
205	205	177 (i) the creation or adoption of an informational course that may be used as an educational
206	206	178resource or as part of an enforcement action following a violation of sections 330 to 335,
207	207	179inclusive;
208	208	180 (ii) the investigation of alleged violations of sections 330 to 335, inclusive;
209	209	181 (iii) the development of relevant rules and regulations;
210	210	182 (iv) the creation and dissemination of relevant informational material; 10 of 10
211	211	183 (v) the training of staff to investigate and enforce relevant rules, regulations and laws;
212	212	184and
213	213	185 (vi) the administration of any relevant enforcement actions.
214	214	186 SECTION 13. Section 116 of chapter 128, as appearing in the 2022 Official Edition, is
215	215	187hereby amended by striking the definition of “Hemp” and inserting in its place the following
216	216	188definition:-
217	217	189 “Hemp”, the plant of the genus Cannabis and any part of that plant, including the seeds
218	218	190thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
219	219	191whether growing or not, with a total tetrahydrocannabinol concentration, including
220	220	192tetrahydrocannabinolic acid, of not more than 0.3 percent in the plant on a dry weight basis.
221	221	193 SECTION 14. Not later than 90 days following the effective date of this act, local boards
222	222	194of health shall communicate in writing information regarding the requirements of sections 330 to
223	223	195335, inclusive, of chapter 94 of the General Laws, as inserted by this act, that relate to hemp
224	224	196product definitions and sales, as well as the details of violating said sections and the penalties for
225	225	197violations, to persons within their jurisdiction who may be impacted by said sections.