Massachusetts HD 4339: An Act relative to hemp and hemp products in the commonwealth

Bill Text

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HOUSE DOCKET, NO. 4339 FILED ON: 6/27/2019
HOUSE . . . . . . . . . . . . . . . No. 4001

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Mark J. Cusack
_________________
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 relative to hemp and hemp products in the commonwealth.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Mark J. Cusack 5th Norfolk 6/27/2019
Aaron Vega 5th Hampden 7/1/2019
Adam G. Hinds Berkshire, Hampshire, Franklin and
Hampden
7/1/2019
Stephan Hay 3rd Worcester 7/1/2019
Lindsay N. Sabadosa 1st Hampshire 7/1/2019
Sarah K. Peake 4th Barnstable 7/1/2019
Natalie M. Blais 1st Franklin 7/1/2019
Mindy Domb 3rd Hampshire 7/2/2019
Patrick M. O'Connor Plymouth and Norfolk 7/2/2019
Kevin G. Honan 17th Suffolk 7/2/2019
Maria Duaime Robinson 6th Middlesex 7/2/2019
William J. Driscoll, Jr. 7th Norfolk 7/2/2019
Andres X. Vargas 3rd Essex 7/2/2019
Steven Ultrino 33rd Middlesex 7/2/2019
Tricia Farley-Bouvier 3rd Berkshire 7/2/2019
Daniel J. Ryan 2nd Suffolk 7/2/2019
Paul McMurtry 11th Norfolk 7/2/2019

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David Henry Argosky LeBoeuf 17th Worcester 7/2/2019
Mary S. Keefe 15th Worcester 7/2/2019
Paul W. Mark 2nd Berkshire 7/2/2019
John Barrett, III 1st Berkshire 7/2/2019
Patrick Joseph Kearney 4th Plymouth 7/2/2019
Lenny Mirra 2nd Essex 7/3/2019
Paul A. Schmid, III 8th Bristol 7/3/2019
Liz Miranda 5th Suffolk 7/3/2019
Smitty Pignatelli 4th Berkshire 7/3/2019
Jack Patrick Lewis 7th Middlesex 7/3/2019
Daniel R. Carey 2nd Hampshire 7/4/2019

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HOUSE DOCKET, NO. 4339 FILED ON: 6/27/2019
HOUSE . . . . . . . . . . . . . . . No. 4001
By Mr. Cusack of Braintree, a petition (subject to Joint Rule 12) of Mark J. Cusack and others
for legislation to further regulate hemp and hemp products. Cannabis Policy.

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-First General Court
(2019-2020)
_______________

An Act relative to hemp and hemp products in the commonwealth.

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. Section 1 of chapter 94G of the General Laws, as appearing in the 2018
2 Official Edition, is hereby amended by striking out lines 4-5 and inserting in place thereof the
3 following definition:
4 “Cannabidiol” or “CBD”, the compound by the same name derived from the hemp
5 variety of the Cannabis sativa L. plant.
6 SECTION 2. Section 1 is hereby further amended striking out lines 49-55 and inserting in
7 place thereof the following definition:
8 “Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds
9 thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
10 whether growing or not, with the federally defined THC level for hemp. Hemp shall be
11 considered an agricultural commodity.

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12 SECTION 3. Section 116 of chapter 128 of the General Laws, as appearing in the 2018
13 Official Edition, is hereby amended by striking out the lines 4-12, and inserting in place thereof
14 the following definitions:
15 “Cannabidiol” or “CBD”, the compound by the same name derived from the hemp
16 variety of the Cannabis sativa L. plant.
17 “Hemp”, the plant Cannabis sativa L. and any part of that plant, including the seeds
18 thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers,
19 whether growing or not, with the federally defined THC level for hemp. Hemp shall be
20 considered an agricultural commodity.
21 “Hemp Products”, all products with the federally defined THC level for hemp derived
22 from, or made by, processing hemp plants or plant parts, that are prepared in a form available for
23 commercial sale, including, but not limited to cosmetics, personal care products, food intended
24 for animal or human consumption, cloth, cordage, fiber, fuel, paint, paper, particleboard, plastics,
25 and any product containing one or more hemp-derived cannabinoids, such as cannabidiol.
26 “Industrial Hemp”, the equivalent in all meanings to hemp, as defined in this section.
27 “Tetrahydrocannabinol” or “THC”, notwithstanding any other provision of the law, the
28 THC that is found in hemp shall not be considered to be THC in qualifying as a controlled
29 substance.
30 SECTION 4. Chapter 128 of the General Laws, as appearing in the 2018 Official Edition,
31 is hereby amended by striking out sections 117-123, and inserting in place thereof the following
32 sections:

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33 Section 117. (a) Industrial hemp may be planted, grown, harvested, possessed,
34 processed, bought, sold or researched subject to sections 116 to 123, inclusive. The planting,
35 growing, harvesting, possessing, processing or research of industrial hemp as an agricultural
36 product sh