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SENATE DOCKET, NO. 2032 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 82
The Commonwealth of Massachusetts
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PRESENTED BY:
Adam Gomez
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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 regularizing accounts receivable in the cannabis industry.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Adam GomezHampden 1 of 3
SENATE DOCKET, NO. 2032 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 82
By Mr. Gomez, a petition (accompanied by bill, Senate, No. 82) of Adam Gomez for legislation
to regularize accounts receivable in the cannabis industry. Cannabis Policy.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act regularizing accounts receivable in the cannabis industry.
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 94G of the General Laws, as so appearing in the 2022 Official
2Edition, is hereby amended by inserting after section 24 the following section:-
3 Section 24XXXX. It shall be unlawful for any licensee under this chapter to receive
4credit, directly or indirectly, for marijuana or marijuana products sold or delivered to any
5licensee engaged in the sale of marijuana or marijuana products for a period of more than sixty
6days. Nothing in this chapter shall require any licensee to extend credit to any other licensee. The
7credit period shall be calculated from the date of the delivery of the marijuana or marijuana
8products to the purchasing licensee to the date when the purchasing licensee discharges in full
9the indebtedness for which the credit was extended. If any licensee does not discharge in full any
10such indebtedness within such sixty day period, the indebtedness shall be overdue and such
11licensee shall be delinquent within the meaning of this section. Within three days after a licensee
12becomes delinquent, the licensee who extended the credit shall mail a letter of notice by certified
13mail to the commission and a copy thereof to the delinquent licensee. The notice shall contain 2 of 3
14the name of the delinquent licensee, the date of delivery of the marijuana and marijuana
15products, the amount of the indebtedness remaining undischarged, and all available proof of the
16indebtedness and delinquency. Within five days after receipt of such a letter of notice, the
17commission shall post on its website the name and address only of the delinquent licensee in a
18complete and current delinquent list containing the names and addresses of all delinquent
19licensees. Such posting shall constitute notice to all licensees of the delinquency of such licensee.
20 If a licensee is seriously damaged in his business by riot, insurrection, civil disturbance,
21fire, explosion or by an act of God, so-called, the licensee may file an application with the
22commission requesting that the provisions of the first paragraph of this section be suspended as
23to him for a reasonable period. The commission shall set down the application for hearing within
24twenty-one days and shall notify all licensees engaged in selling to said applicant of the hearing
25and give all interested parties the right to be heard. Pending such hearing, the commission may,
26after an investigation and determination that the facts as stated by the licensee in his application
27would constitute reasonable grounds for relief, order that such licensee shall not be posted as
28delinquent. If the commission finds it is in the public interest to do so, it may suspend the
29application of said first paragraph with respect to the applicant for such period as it may consider
30to be reasonable and in the public interest. Such action shall not deprive licensees of all legal
31rights available to them for the collection of the indebtedness and shall be contingent on such
32terms and conditions as the commission shall determine.
33 No licensee under this chapter shall sell or deliver, directly or indirectly, marijuana or
34marijuana products to a licensee whose name is posted on the delinquent list, except for payment
35in cash on or before delivery, and no licensee who is posted on the delinquent list shall purchase 3 of 3
36or accept delivery of any marijuana or marijuana products except for payment in cash on or
37before delivery.
38 The commission shall not authorize a change of ownership or control of a licensee on the
39delinquent list until all delinquencies are satisfied and the commission has removed the licensee
40from the delinquent list under this section, except for approval of court-appointed receivers or
41trustees under a voluntary assignment for the benefit of creditors, provided that prior approval of
42such assignment is obtained from the commission after notice to all creditors has been given and
43reasonable time allowed for objections by all creditors.
44 Upon full discharge of the indebtedness for which a licensee was posted, the licensee
45who filed the letter of notice of delinquency shall, within twenty-four hours thereafter, notify the
46commission, by mailing a letter by certified mail addressed to the commission of the discharge of
47the indebtedness. The commission shall immediately strike the name of the delinquent licensee
48from the list.
49 Notwithstanding and in lieu of any other penalty in any other provision of this chapter,
50any person who violates any provision of this section shall be punished by a fine of not more
51than five thousand dollars.
52 The provisions of this section shall apply to all credit extended after April the first, two
53thousand and twenty.
54 The commission shall promulgate any necessary regulations to implement this section
55within 90 days of the effective date.