Massachusetts H 3776: An Act to ensure the public health and safety of patient and consumer access to medical and adult use of marijuana in the Commonwealth

Bill Text

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FILED ON: 6/22/2017
HOUSE . . . . . . . . . . . . . . . No. 3776
House, No. 3768, as changed by the committee on Bills in the Third Reading and as amended
and passed to be engrossed by the House. June 21, 2017.

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)
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An Act to ensure the public health and safety of patient and consumer access to medical and
adult use of marijuana in the Commonwealth.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
regulate forthwith marijuana in the commonwealth, therefore it is hereby declared to be an
emergency law, necessary for the immediate preservation of the public convenience.

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. Sections 76 and 77 of chapter 10 of the General Laws are hereby repealed.
2 SECTION 2. The General Laws are hereby amended by inserting after chapter 10 the
3 following chapter:-
4 CHAPTER 10A.
5 THE MASSACHUSETTS CANNABIS CONTROL COMMISSION
6 Section 1. The general court finds and declares that:

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7 (1) ensuring public confidence in the integrity of the cannabis licensing process and
8 in the strict oversight of all cannabis establishments through a rigorous regulatory scheme is the
9 paramount policy objective of this chapter;
10 (2) establishing the financial stability and integrity of cannabis licensees, as well as
11 the integrity of their sources of financing, is an integral and essential element of the regulation
12 and control of cannabis under this chapter;
13 (3) cannabis licensees shall be held to the highest standards of licensing and shall
14 have a continuing duty to maintain their integrity and financial stability;
15 (4) applicants for cannabis licenses and cannabis licensees shall demonstrate their
16 commitment to efforts to combat substance use and a dedication to community mitigation, and
17 shall recognize that the privilege of licensure bears a responsibility to identify, address and
18 minimize any potential negative consequences of cannabis establishments;
19 (5) any license awarded by the commission shall be a revocable privilege and may be
20 conditioned, suspended or revoked upon: (i) a breach of the conditions of licensure, including
21 failure to keep commitments made to the commonwealth in return for receiving a cannabis
22 license; (ii) any civil or criminal violations of the laws of the commonwealth; or (iii) a finding by
23 the commission that a cannabis licensee is unsuitable to operate a cannabis establishment or
24 perform the duties of their licensed position;
25 (6) the power and authority granted to the commission shall be construed as broadly
26 as necessary for the implementation, administration and enforcement of this chapter;

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27 (7) there should be no punishment under state law for the acquisition, purchase,
28 possession, cultivation, processing, transfer, transportation, selling, distribution, dispensation or
29 administering of marijuana, marijuana accessories and related supplies and educational materials
30 consistent with the requirements of this chapter; and
31 (8) the commission shall promote and encourage full participation in the regulated
32 marijuana industry by people from communities that have previously been disproportionately
33 harmed by marijuana prohibition and enforcement and to positively impact those communities.
34 Section 2. As used in this chapter the following words shall, unless the context clearly
35 requires otherwise, have the following meanings:-
36 “Adult use cannabis”, marijuana or marijuana accessories sold by an adult use cannabis
37 licensee to a consumer.
38 “Adult use cannabis establishment”, the premises approved under an adult use cannabis
39 license.
40 “Adult use cannabis license”, a license issued by the commission that permits the licensee
41 to operate an adult use cannabis establishment.
42 “Adult use cannabis licensee”, a person or entity who holds an adult use cannabis license
43 under this chapter.
44 “Affiliate”, a person who directly or indirectly controls, or is controlled by, or is under
45 common control with, a specified person.
46 “Applicant”, a person who has applied for a license to engage in activity regulated under
47 this chapter.

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48 “Application”, a written request for a finding of suitability to receive a license or engage
49 in an activity which is regulated by this chapter.
50 “Bona fide healthcare professional-patient relationship”, a relationship between a
51 registered healthcare professional, acting in the usual course of his or her professional practice,
52 and a patient in which the healthcare professional has conducted a clinical visit, completed and
53 documented a full assessment of the patient’s medical history and current medical condition, has
54 explained the potential benefits and risks