When Massachusetts voters acted to pass marijuana legalization back in November, the Joint Committee on Marijuana Policy was formed to help usher in the ever evolving cannabis climate. The committee, chaired by Sen. Patricia Jehlen (D-Somerville) and Rep. Mark Cusack (D-Braintree), is tasked with transforming a piece of legislature into a functional and regulated marijuana market in the Commonwealth of Massachusetts.
Beginning on Monday, the Joint Committee on Marijuana Policy began hearing all of the cannabis-related bills designated to them — nearly 40 in total. The expansive list of proposed bills covers a wide range of topics, from driving under the influence of cannabis to how much retail shops will have to pay in taxes.
We’ve compiled a list of all the bills being heard by the Joint Committee this week including brief descriptions detailing what the bill would mean for citizens of Massachusetts, if passed.
Bill S.1059
This bill deals directly with the court’s ability to allow past marijuana use as evidence in a criminal or civil case. One interesting inclusion in the language of this bill is that “evidence of prior use or possession of marijuana by any person, defendant or witness within the past 365 days of the incident or conduct being adjudicated is admissible in all civil and criminal proceedings.” According to this bill, if the accused refuses to submit to a court-ordered drug test, marijuana use is assumed and is admissible in court.
Bill S.1060
This bill, if enacted, would repeal the citizen referendum that legalized marijuana for recreational use in Massachusetts. The language of the bill includes an admission on behalf of Commonwealth voters that legalizing marijuana was a mistake that will increase “unwanted criminal and civil wrong-doing.”
Bill S.1063
This bill is an amendment to Chapter 276 of the General Laws that covers marijuana arrest record expungement, including applicable convictions. Job applicants with expunged records will be able to write “no record” without fear of consequences, and prisoners still serving time for marijuana offenses no longer illegal under Massachusetts law will be able to apply for release.
Bill S.1068
This bill deals with the problem of marijuana-impaired drivers and the inherent safety concerns surrounding the issue. The bill, if enacted, will be inserted as an amendment to chapter 90 of the General Laws, essentially adding the words “or marijuana” after “liquor” in the current DUI law. The bill also calls for research to be done into what forms of technology could assist law enforcement in detecting active THC levels in drivers.
Bill S.1069
This bill will replace subsection 2 of chapter 94G’s section 7 with a new subsection detailing the rules for in-home possession and cultivation. According to this new amendment, each Massachusetts adult will be allowed to possess up to two ounces of processed cannabis. Each household may contain up to six cannabis plants, three of which may be mature and flowering.
Bill S.1070
This bill covers the penalties that will be levied on minors who are caught using or possessing marijuana without a valid medical recommendation. If enacted, Bill S.1070 would replace section 32M of Chapter 94C in the General Laws with a new subsection detailing new procedures for punishing underage marijuana offenders, including a sub-$100 fine for most infractions.
Bill S.1074
This bill amends multiple sections of chapter 94G of the General laws to allow for increased hemp cultivation. The revised section 1 would clearly define both Hemp cultivators and Hemp seed breeders, while the new section 2 clearly lays out the state’s proposed industrial hemp program, including licensing procedures and medical restrictions.
Bill S.1075
This is another bill related to arrest record expungement, but with far less provisions than Bill S.1063.
Bill H.1051
This bill lays forth a plan to create a 21-member marijuana advisory board, all to be appointed by the Governor. The bill mandates that the advisory board’s Commissioner and Associate Commissioner must be state employees. Another section of this proposed bill speaks to the legality of public cannabis consumption, while yet another includes language barring anyone with a Massachusetts commercial marijuana license from contributing any money to a state official’s campaign coffers.
Bill H.1052
This bill aims to replace three different subsections, namely A, B, and F, in section 13 of Chapter 334 of the Acts of 2016. The updated subsection A places tighter restrictions on home cannabis cultivation than Bill S.1069, including stipulations about street visibility and required locks on grows. The new subsection B lowers the personal possession limit to one ounce and institutes a $100 fine for possession of one to five ounces and a $500 fine for having any more than five ounces on their person. The revised subsection F suggests no more than a $250 fine for minors without a doctor’s recommendation found to be possessing marijuana. The underage offender would also be required to attend a drug awareness program.
Bill H.1054
This bill clearly states that non-criminal disposition must be used when enforcing cannabis laws in Massachusetts, utilizing only civil penalties.
Bill H.1055
This bill, which will insert a new section into Chapter 90 of the General Laws if enacted, would clearly define a number of cannabis-related terms, specifically the more commonly-used spelling of “marijuana” and the word “edibles.” The bill goes on to implement a $100-500 fine for travelling in the car with an open container of marijuana present.
Bill H.1056
This bill aims to clearly define a larger set of cannabis-related definitions than Bill H.1055. This bill will install language that delineates terms like “Delta-9 tetrahydrocannabinols,” “cultivation,” “Certified seed,” “Industrial hemp,” “Licensed processor,” and more. The bill also aims to establish a governing committee for a proposed industrial hemp program, including the appointment of members that represent all facets of the industry.
Bill H.2379
This bill will replace a paragraph in section 13 of chapter 94G of the Acts of 2016 with new restrictions on personal cultivation. The bill specifies that any cannabis grown at one’s residence must not be “visible from a public place without the use of binoculars, aircraft, or other optical aids.” The bill also mandates that an electrical inspector ensure your residence is equipped with the proper equipment and that the home is safe to grow in.
Bill H.2381
This bill would repeal chapter 334 of the Acts of 2016, which legalized recreational cannabis and allowed it to be taxed in the state of Massachusetts.
Bill H.2387
This bill makes minor changes to various numerical-based stipulations and terminology within chapter 94G that slightly adjust some limits on possession.
Bill H.2388
This bill, if enacted, would repeal sections 1-3 and 7-18 of chapter 351 of the Acts of 2016. Sections 1-3 deal with a previous ruling that pushed back the initial start date of regulated cannabis sales in the Commonwealth from January to July. Sections 7-18 cover many of the other designated start dates within the original legalization legislature.
Bill H.2785
This bill, like Bill S.1063, deals with the issue of marijuana arrest record expungement and the release of inmates currently serving terms for offenses that are no longer against the law.
Bill H.3165
This bill replaces parts of seven different sections of chapter 90 of the General Laws, setting clear standards for THC blood content limits in various situations, including for drivers. For many of the changes, the bill proposes adding marijuana to already existing alcohol-centric DUI laws.
Bill H.3166
The first part of this bill addresses the state excise rate on legal marijuana, opting for a rate of 4.75 percent rather than 3.75. The second amendment to section 2 of chapter 334 is an addition that mandates “one percent of the tax imposed under this section shall be deposited into the Prevention and Wellness Trust Fund for the cost of evidence-based public health programs dedicated to primary prevention of youth substance use.”
Bill H.3167
This bill would implement an annual fee for licensed marijuana producers on top of fees for the license itself, registration, and any other various penalties incurred by the LP. The annual fee would be delayed until 2 years after there are a combined total of 1,000 licensed retail shops, manufacturers, and cultivators actively conducting business. The annual fee would equate to 2,000,000 proportional shares of the business, to be deposited into the Prevention and Wellness Trust Fund. The money in the fund would pay for evidence-based public health programs dedicated to universal youth substance use prevention.
Bill H.3170
This bill aims to make two separate amendments to the General Laws. The first adds a subsection to section 16 of chapter 62C, spelling out when marijuana retailers will be required to submit their returns and pay taxes (20th day of the month). The bill also details what types of data the business will have to submit, including the number of cannabis products purchased and sold.
The second change this bill aims to make is replacing section 2 of chapter 334 with a new entry that implements an excise tax on all marijuana products. The tax would be levied on marijuana businesses at a rate of 40 percent on the wholesale price at the time they purchase their inventory. This tax is in addition to any other applicable state or local taxes the marijuana businesses are responsible for.
Bill H.3172
This bill will amend some cannabis possession laws to make an exception for “in home” storage of the plant. An amendment to section 13 of chapter 94G of the General Laws would include marijuana concentrate in the possession limits, implementing a $100 fine for adults found to have more than 5 grams on their person.
Bill H.3173
This bill, if enacted, would make an amendment to section 6 of chapter 334 of the acts of 2016. The change would affect the date when medical marijuana dispensaries could begin servicing recreational customers should the Cannabis Control Commission fail to introduce a regulated market. Originally, the date was set for January 1, 2018, but this bill would push that date up to July 1, 2017.
Bill H.3174
Like Bill H.2388, this bill would repeal sections 1-3 and 7-18 of chapter 351 of the Acts of 2016.
Bill H.3178
This bill deals directly with marijuana-impaired drivers. The first section of the bill adds the words “or marijuana” after “liquor” in section 24 of chapter 90 of the General Laws, which covers driving under the influence. The second section of the bill mandates the Secretary of Public Safety will investigate new technology and methods of marijuana-impaired driving. The third and final section of the proposed bill tasks the Executive Office of Public Safety and Security with generating a public awareness campaign to warn citizens about the dangers of driving while impaired.
Bill H.3179
This bill seeks to establish limits for home cultivation. Unlike some of the other bills looking to accomplish the same thing, this bill states that anyone in possession of more than 20 plants in their home is subject to a prison term of up to two years and a fine of up to $5,000.
Bill H.3185
This bill replaces section 32M of the General Laws, which deals with the underage possession of marijuana, and replaces it with rules for the underage possession and use of marijuana, tobacco, alcohol, and other controlled substances. This bill allows for the development of substance abuse awareness programs with an emphasis on “early detection and prevention of abuse.”
Bill H.3186
This bill states that the secretary of the executive office of administration and finance, in conjunction with the treasurer and receiver general, will be responsible for creating a commission to examine tax rates and make recommendations for any potential adjustments in the state’s marijuana tax structure. The secretary of the office of administration and finance will file reports with applicable branches of legislature by Sep. 1, 2017.
Bill H.3189
Currently, the possession of one ounce or less of marijuana is a civil offense when the offender is eighteen years of age or older. This bill primarily seeks to change the age covered in section 32L of the General Laws from “under the age of eighteen” to “under 21 years of age.”
Bill H.3195
The 22-page bill on improving taxation and regulation includes, among many items, harsh minimum penalties for individuals who intentionally leave unattended marijuana in public or administer marijuana to someone without their knowledge or consent. Violators would be “punished by a term of imprisonment in the state prison for not less than two and one-half nor more than 5 years or by imprisonment in a jail or house of correction for not less than 1 nor more than two and one-half years and a fine of not less than $500 nor more than $10,000.” The bill would also proposes detailed guidelines for the establishment and operation of cannabis cafes.
Bill H.3196
This bill seeks to remove “the word marihuana from the federal Controlled Substances Act.” In addition, the document requests that “his excellency the governor” be requested to send a copy of the bill to senators and representatives from Massachusetts as well as the President of the United States.
Bill H.3197
This bill is related to the authorization of medical marijuana treatment centers to sell recreational cannabis. It changes the proposed beginning sales date from “on or before January 1, 2018” to “on and after July 1, 2017.”
Bill H.3198
This bill deals with cannabis concentrates within a primary residence and allows for “10 ounces of marijuana and any marijuana produced and marijuana concentrate derived from marijuana plants cultivated on the premises.” The bill states that individuals in possession of “5 grams of marijuana in the form of marijuana concentrate but not more than 10 grams” would be subject to a maximum civil penalty of $100 and forfeiture of the product.
Bill H.3504
This bill addresses funding for the state’s Marijuana Addiction Treatment Fund and sets the allocation to “an amount equal to 5 per cent of the excise taxes on the sale of marijuana or marijuana products.” The bill also stipulates that any money remaining in the fund at the end of the fiscal year not be diverted to the General Fund, and instead, remain available in subsequent fiscal years for addiction treatment.
Bill H.3505
The act regarding the granting of licenses for the cultivation and sale of marijuana would allow cities to enter into local employment agreements with marijuana cultivators to require a certain percent of the cultivator’s workforce be comprised of local residents. Further to that, the bill would ensure the licensing commission gives “preferential consideration” to license applications for marijuana cultivations owned by minorities or residents of the city or town where the cultivation will occur.
Bill H.3506
This bill allows for personal marijuana cultivation to be conducted at the same location as commercial cultivation, with limitations. If passed, licensed cultivators would be allowed to lease “no more than 10 per cent of the total space of the entity” for the purpose of cultivation marijuana for personal use. The bill limits the number of plants grown for personal use in a leased commercial space to “6 mature marijuana plants and the marijuana produced by such plants”
Bill H.3507
This bill relates to the cultivation of industrial crops and seeks amend the definitions section of the state’s Controlled Substance Act (CSA) to ensure that the term “industrial hemp” is not included in the CSA’s definition of “Marihuana.” The bill also seeks to add six sections to the state’s agricultural laws directly pertaining to state-sanctioned industrial hemp industry.
credit:marijuana.com
