Bill H.3195

HOUSE DOCKET, NO. 3674 FILED ON: 1/20/2017

HOUSE . . . . . . . . . . . . . . . No. 3195

By Ms. Provost of Somerville, a petition (accompanied by bill, House, No. 3195) of Denise Provost relative to the regulation and taxation of marijuana. Marijuana Policy.

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act improving taxation and regulation of marijuana.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1 Section 3 of Chapter 334 of the acts of 2016 is hereby amended by striking all language in Section 3 of Chapter 334 of the acts of 2016 that inserted Section 76 and Section 77 of Chapter 10 of the General Laws.

SECTION 2. Section 4 of chapter 334 of the acts of 2016, is hereby amended by striking out the figure “4.” and inserting in place thereof the following figure: “3.”

SECTION 3. State excise imposition; rate; payment. Section 2 of Chapter 64N of the General Laws inserted by Chapter 334 of the acts of 2016, is hereby amended by striking out the words “rate of 3.75” and inserting in place thereof the following words: “rate of 2.0”

SECTION 4. Said section 2 of Chapter 64N of the General Laws inserted by Chapter 334 of the acts of 2016, is hereby further amended by striking out the words “General Laws” and inserting in place thereof the following words: “General Laws. The provisions of chapter 64I of the General Laws shall apply to the storage, use or other consumption in the commonwealth of marijuana.”

SECTION 5. Application of tax revenue. Section 5 of Chapter 64N of the General Laws inserted by Chapter 334 of the acts of 2016, is hereby amended by striking out the word “appropriation. ” and inserting in place thereof the following words: “appropriation. Of the tax collected pursuant to Chapters 64H and 64I of the General Laws, less all amounts allowed as refunds and abatements, 12.5% shall be credited to the Agricultural Resolve and Security Fund established in section 2III of chapter 29 of the General Laws and 12.5% shall be credited to the Commonwealth Substance Abuse Prevention and Treatment Fund established in section 2BBBB of chapter 29 of the General Laws and spent for the purposes thereof subject to appropriation by the legislature.”

SECTION 6. Section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the figure “5.” and inserting in place thereof the following figure: “4.”

SECTION 7. Section 1 of chapter 94C of the General Laws is amended by inserting after the words “any part of the plant” the following words, “that contain tetrahydrocannabinol.” Section 1 is further amended by inserting after the word “resin” the following words, “that contain tetrahydrocannabinol” Section 1 is further amended by amending the definition of "Tetrahydrocannabinol'' by striking the words “except when it has been established that the concentration of delta-9 tetrahydrocannabinol in said marijuana exceeds two and one-half per cent.”

SECTION 8. Subsection (a) of section 1 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the figure “(a)” and inserting in place thereof the following figure “(c)”

SECTION 9. Section 1 of Chapter 94G of the General Laws is hereby amended by inserting the figure and words: “ (a) “Cannabis café”, an establishment licensed as a common victualler or innholder pursuant to section 2 of chapter 140 and licensed pursuant to this chapter to engage in retail sale of marihuana including foods prepared with marijuana as an ingredient for consumption by customers on the premises.”

Section 2. Subsection (a) of section 1 of chapter 94G of the General Laws is hereby amended by striking out the figure “(a)” and inserting in place thereof the following figure “(b)”

Section 3. Subsection ( c) of section 1 of Chapter 94G is repealed.

Section 4. Subsection (b) of section 1 of chapter 94G of the General Laws is hereby amended by striking out the figure “(b)” and inserting in place thereof the following figure “(c)”

Section 5. Said subsection (i) of section 1 of chapter 94G of the General Laws is hereby further amended by striking out the words “”Marijuana cultivator”, an entity” and all words thereafter and inserting in place thereof the following words “ “Marijuana cultivator”, an entity or a farmer who intends to sell marijuana seeds, plants or marijuana whether at wholesale to marijuana product producers or retailers, or to persons 21 years of age registered with the commissioner as a retailer in accordance with chapter 94G G.L.”

Section 6. Said subsection (j) of section 1 of chapter 94G of the General Laws is hereby further amended by striking out the word: “retailer” in the definition for “Marijuana establishment” and inserting in place thereof the following words: “retailer or cafe”

Section 7. Section 1 of chapter 94G of the General Laws is hereby amended by inserting the figure and words: (q) “Marijuana farm”, a parcel of 5 acres or more, or a parcel of 2 acres or in an area zoned for agriculture, horticulture, floriculture or viticulture as set forth in the first paragraph of section 3 of chapter 40A of the Section 16. General Laws G.L. c. 40A, on which a farmer intends to cultivate cannabis registered with the commissioner of agricultural resources.”

Section 8. Section 1 of chapter 94G of the General Laws is hereby amended by inserting the figure and words: (r) “Marijuana farmer’s market”, a public market for the primary purpose of connecting and mutually benefiting Massachusetts marihuana farmers, communities, and adult shoppers while promoting and selling products grown and raised by participating farmers.”

Section 9. Said subsection (k) of section 1 of chapter 94G of the General Laws is hereby further amended by striking out all language after the words: “Marijuana product manufacturer” and inserting in place thereof the following words: “a person or business entity licensed by the department of public health under Chapter 94G Section 4 (b), as described in SECTION 14, authorized to purchase marijuana at wholesale from a marijuana farmer for the purpose of manufacturing and selling marijuana products to a marijuana retailer.”

Section 10. Said subsection (n) of section 1 of chapter 94G of the General Laws is hereby further amended by striking all language in the definition for “Marijuana retailer” and inserting in place thereof the following words: “a person, or an entity, including a cannabis café, licensed to purchase and deliver marijuana, raw marijuana, and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana, raw marijuana, and marijuana products from marijuana establishments and to consumers, and who has registered each location at which sales are conducted with the commissioner as required under this chapter.”

Section 11. Section 1 of chapter 94G of the General Laws is hereby amended by inserting the figure and words: (s) “Medical marijuana treatment center” or “MMTC”, a not-for-profit entity established pursuant to Chapter 369 of the Acts of 2012 and department of public health regulations.”

Section 12. Section 1 of chapter 94G of the General Laws is hereby amended by inserting the figure and words: (t) “Raw marijuana”, the plant severed from its roots, including the leaves and flowers, recognizable as vegetable matter.”

Section 13. Section 1 of chapter 94G of the General Laws is hereby amended by inserting the figure and words: (u) “Secret shopper program”, at a minimum, 6 visits per year to a retail sales outlet by a person retained by a retailer, where the person poses as a customer in order to ensure compliance by the outlet's employees with laws prohibiting the sale of marijuana or marijuana products to juveniles and minors, with each visit made on a different day and at a different time, and, where practical, to a different outlet employee.”

SECTION 10. Subsection (e) of section 2 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the word “employees.” and inserting in place thereof the following words:- o employees, provided that the employer maintains employment practices regarding adult off-duty consumption of marijuana that is treated equal to their employment practices regarding adult off-duty consumption of alcoholic beverages, unless the employer proves that equal treatment in such activities would cause loss of monetary benefit under federal law or regulations.

SECTION 11. Section 1. Section 3 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by inserting the following figures and language: “No municipality shall enact any bylaw or ordinance, rule or regulation that imposes additional requirements upon: marijuana farms than imposed upon any other farm engaged in horticulture; marijuana farmer’s market on an appropriate site, except that the municipal licensing authority may require a daily fee for a license to hold such a farmer’s market, not to exceed $100; marijuana products producers than imposed upon any other food processing use, or additional requirements on retailers than those imposed upon sellers of tobacco products; cannabis cafés beyond those imposed upon common victuallers licensed to sell alcoholic beverages for on-premises consumption. No municipality shall enact any bylaw or ordinance, rule or regulation that prohibits the use by lawful owners or tenants 21 years of age or older of residential property in the exercise of their right to cultivate marijuana, possess it for their personal use and that of their household members and guests 21 years of age and older that imposes additional requirement upon such use. No municipality shall enact any bylaw, ordinance or regulation that imposes any penalty greater than that imposed upon those possessing an open container of alcoholic beverage in public, for publicly consuming marihuana or for displaying an open container of marijuana or marijuana product in public, and any such ordinance or bylaws shall in the first instance be enforced by the noncriminal disposition process in section 21D of chapter 40 of the General Laws.”

Section 2. Section 3 of Chapter 94G is further amended by adding, after paragraph (d) the following new paragraph, (e) Licenses of cannabis cafés authorizing sale of marijuana to be consumed on premises; suspension or revocation; hours of sale; liability insurance; excise tax on gross sales In any municipality that approves the licensing of cannabis cafés the local licensing authority shall grant licenses. No license shall be granted for more than 1 year and may be renewed annually. Notwithstanding the provisions of section 22 of chapter 270, the patrons may smoke marijuana and marijuana products in such licensed premises. A cannabis café may allow a patron to retain and take off the premises only so much as may remain of marijuana or marijuana product purchased by them in conjunction with a meal and not totally consumed during such meal. Such remaining marijuana or marijuana product must be sealed in a one-time-use tamper-proof transparent bag, with a receipt affixed thereto that prominently displays the date of purchase of the meal and the purchase of the marijuana or marijuana product. The local licensing authority may impose a fee no greater than that imposed on applicants for a license for an on-premises all-alcoholic-beverages license. It may also establish a process similar to but no more rigorous than that imposed on an applicant for an on premises all-alcoholic-beverages license. Upon approval of a license the licensing authorities shall set the hours during which the café may be open for business during which marijuana may be served, either generally or specially for each licensee; provided, however, that no license shall authorize operation between the hours of 2 a.m. and 8 a.m. and that no such licensee shall be barred from being open between the hours of 11 a.m. and 11 p.m.; provided, further, that any such licensee or the licensee’s manager shall not be prohibited from being on the licensed premises at any time; provided, further, that the employees, contractors or subcontractors shall not be prohibited from being upon such premises at any time for the purpose of cleaning, making renovations, making emergency repairs to or providing security for such premises or preparing food for the day's business or opening or closing the business in an orderly manner. The licensing authority shall not decrease the hours during which sales may be made by a licensee until after a public hearing concerning the public need for such decrease; provided, however, that a licensee affected by any such change shall be given 2 weeks notice of the public hearing. The licensee shall cause to be displayed a copy of the certificate of licensure. A license granted under this section may be suspended or revoked for cause by the local licensing authority after notice and a hearing; however, no action shall be taken on account by such authority with respect to that business’s common victualler's license. A licensee aggrieved by the action of a local authority suspending or revoking such license may appeal within 30 days to the superior court division having jurisdiction in accordance with section 14 of chapter 30A. The local licensing authorities may accept the surrender of a license issued under this section, but no refund of any fees paid shall be authorized. No license issued under this section shall be subject to any condition or requirement varying the occupancy of the licensed premises as certified by any person or state or local agency charged with the administration or enforcement of the state building code or any of its rules or regulations. A licensee may provide on-premises sample marijuana tasting; provided, however, that the licensee shall not solicit orders for off-premises consumption; and provided further, that any such tasting shall be limited to one-twentieth of a gram, and food shall be served in conjunction with any such tasting. The licensee shall register the location with the commissioner under section 67 of chapter 62C. In addition to the tax imposed by section 64N on marijuana not infused into a meal and the tax on meals imposed by chapter 64H and if applicable 64L, there shall be levied, assessed and collected an excise at the rate of 0.75 per cent of such taxpayer’s gross receipts. No license shall be issued or renewed under this section until the applicant or licensee provides proof of coverage under a liability bond or general liability insurance policy for bodily injury or death for a minimum amount of $1,000,000 on account of injury to or death of 1 person, and $2,500,000 on account of any 1 accident resulting in injury to or death of more than 1 person. Proof of the insurance coverage required by this section shall be made by filing a certificate of insurance in a form acceptable to the local licensing authority. The insurance shall be subject to sections 5 and 6 of chapter 175A of the General Laws. The number of licenses issued in any city or town under this section and section 63 may not exceed the number of licenses it may issue for the sale of alcoholic beverages for on premises consumption.

SECTION 12. -Section 4 of Chapter 94G of Chapter 334 of the acts of 2016 is hereby amended by striking all figures and language in Section 4 of the General Laws, inserted by section 5 of Chapter 94G of Chapter 334 of the acts of 2016 that inserted Section 76 and Section 77 of Chapter 10 of the General Laws, and inserting in place thereof the following figures and language: “Section 4. Registration of Retailers”

SECTION 13. Section 4 of Chapter 94G of the General Laws, inserted by section 5 of Chapter 334 of the acts of 2016 is hereby amended by inserting subsection (a) and the following language: “Regulatory authority for the promulgation of regulations for marijuana shall be placed within the following agencies: Department of Agricultural Resources (DOAR), Department of Revenue (DOR), and the Department of Public Health (DPH). Marijuana cultivators shall be regulated by DOAR and DOR. Marijuana product manufacturers shall be regulated by DPH and DOR. Marijuana retailers shall be regulated by the DOR.”

SECTION 14. Section 4 of Chapter 94G of the General Laws, inserted by section 5 of Chapter 334 of the acts of 2016 is hereby amended by inserting subsection (b) and the following language: “No person shall engage in the business of a marijuana products producer unless each place of business is licensed by the department of public health, which license shall be granted if the applicant establishes that it will prepare, test, package and label its products in conformance with the department’s regulations for MMTCs as amended from time to time. For the first year after the effective date of this act the annual fee for such a license shall be $1,500.00 for each place of business. Thereafter, pursuant to chapter 94G of the General Laws, the secretary of administration and finance shall establish the annual fee, but in no event shall it increase more than 50% from year to year.”

SECTION 15. Section 4 Chapter 94G of the General Laws, inserted by section 5 of Chapter 334 of the acts of 2016 is hereby amended by inserting subsection (c) and the following language: “No person shall engage in the business of retail sale of marijuana unless a registration shall have been issued to him for each place of business in accordance with section 67 of chapter 62C. Such registration shall specify as the tax type “sales tax on marijuana.” A MMTC may register as a retailer and collect sales tax only from adults not registered as a patient.”

SECTION 16. Section 5 and Section 6 of . Chapter 94G of the General Laws, inserted by section 5 of Chapter 334 of the acts of 2016 are repealed.

SECTION 17. Section 1. Chapter 94G of the General Laws, inserted by section 5 of Chapter 334 of the acts of 2016 is amended by adding the following new Section, Section 5. (a) No person shall cultivate marijuana for commercial purposes unless the land on which it is grown is registered with the department of agricultural resources as a marijuana farm under chapter 128, section 116 and the marijuana farmer is registered with the commissioner. The marijuana farmer shall comply with all general laws applicable to the cultivation of plants intended as food for human consumption and shall prepare raw marijuana intended for sale to marijuana products producers, retailers or retailed directly to persons over the age of 21 as required by general law for the preparation of produce for human consumption.

Section 2. (b) Chapter 128 of the general laws is amended by adding the following, Every marijuana farm as defined in section 1 of chapter 94G shall be registered with the commissioner, the fee for which shall be $100, and such registration shall expire on March 31st of the year following the date of issuance, unless sooner revoked. Chapter 128 is further amended by adding the following section:

Section 3. (c) Annually on or before the 31st day of December all registered marijuana farms shall in a manner prescribed by the commissioner report their yield per acre by weight of seed and stalk, and the identity of each marijuana product manufacturer and marijuana retailer, as defined in section 1 of chapter 94G, who purchased marijuana from them, the amount of marijuana sold to them by weight and the purchase price and the amount of marijuana by weight sold by the farm at retail and the purchase price.

SECTION 19. 94G of Chapter 334 of the acts of 2016 is hereby amended by inserting the following new Section, Section 6: (A) Retailers shall

(a) deny persons under the age of 21 access to rooms in which marijuana or marijuana products are displayed for sale by verifying by means of valid government issued photographic identification that each person entering the sales room is 21 years of age or older and repeating the verification prior to sale—no such verification is required for any person who appears 27 years of age or older—and, if employing 6 or more persons, shall undertake an in-house secret shopper program as a routine part of its business to test implementation and compliance with this age verification requirement;

(b) not use vending machines or any other electronic or mechanical device to effectuate sales of marijuana or marihuana products;

(d) not display marijuana or marijuana products exposed for sale to persons outside the sales room;

(e) implement and operate a training program for all employees who handle exchanges of marijuana or marihuana products regarding compliance with laws prohibiting the sale of marijuana or marijuana products to juveniles and minors;

(f) post a copy of the penalties set forth in subdivision (1) of section 24 of chapter 90 for driving under the influence and for the sale, delivery or furnishing marijuana or marijuana products to a juvenile or minor. Said copies shall be posted conspicuously by the owner or person in charge of the respective establishment.

(g) place purchases in sealed containers;

(h) affix to all packages containing marijuana a label in boldface font of not less than 10 points, with these warnings, in boldface: “For adults only. Keep out of reach of children”, “May be habit-forming”, “It is a crime to operate a motor vehicle, recreational vehicle, boat or aircraft if impaired by consumption of this product” and “This product must be stored in a locked container when you are not present.”

(B) Advertising

(a) Outdoor advertising, including advertising in enclosed stadiums and advertising from within a retail establishment that is directed toward or visible from the outside of the establishment, in any location that is within a 1,000-foot radius of any public playground, playground area in a public park, elementary school or secondary school is prohibited.

(b) Point-of-sale advertising of marijuana or marijuana products outside of the sales room may be placed on the premises, provided that no portion of such advertising is placed lower than 5 feet from the floor of any retail establishment which is located within a 1,000-foot radius of any public playground, playground area in a public park, elementary school or secondary school, and which is not an adult-only retail establishment.

(d) No signs or other printed matter advertising any brand or kind of marijuana or marijuana product shall be displayed on the exterior or interior of any licensed premises where such a brand or kind of marijuana or marijuana product is not regularly and usually kept for sale.

(e) The use of vehicles equipped with either radio or loudspeakers for the advertising of marijuana or marihuana products is prohibited. The use of radio or loudspeaker equipment in any licensed premises for the purpose of attracting attention to the sale of marijuana or marijuana products therein is also prohibited. Any retailer that violates the provisions of this section shall be subject to a civil penalty of $1000 but not to any other form of criminal or civil punishment or disqualification. Enforcement shall be in a manner consistent with the provisions of section 21D of chapter 40 of the General Laws.”

SECTION 19. Section 1. Clause (1) of subsection (a) of section 7 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the words “1 ounce or less of” Said clause (1) of subsection (a) of section 7 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby further amended by striking out the words “except that not more than 5 grams of marijuana may be in the form of marijuana concentrate” and inserting in place thereof the following words:-or a form of marijuana concentrate.

Section 2. Clause (2) of subsection (a) of section 7 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the words “up to 10 ounces of” and is hereby further amended by striking out the words “not more than 6” and further amended by striking out the words “so long as not more than 12 plants are cultivated on the premises at once”

Section 3. Clause (4) of subsection (a) of section 7 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby further amended by striking out the words “up to 1 ounce of marijuana, except that not more than 5 grams of marijuana may be in the form of marijuana concentrate” and inserting in place thereof the following words:-“marijuana or a form of marijuana concentrate.”

Section 4. Subsection (d) of section 7 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the word “responsibility.” and inserting in place thereof the following words:- “responsibility. A parent’s conduct related to marijuana permitted under chapter 94G shall not be considered misconduct in making an order or judgment relative to visitation or custody of a child.”

SECTION 20. Section 1. Section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out all language in subsection (b) Restrictions on personal possession

Section 2. Subsection (c) of section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the figure “(c)” and inserting in place thereof the following figure: “(b).”

Section 3. Subsection (d) of section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the figure “(d)” and inserting in place thereof the following figure: “(c).”

Section 4. Subsection (e) of section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the figure “(e)” and inserting in place thereof the following figure: (d).”

Section 6. Said subsection (e) of section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby further amended by striking out the words “age and who cultivates more than 6 but not more than 12 marijuana plants or who possesses an amount of marijuana outside of his or her place of residence having a weight of more than 1 ounce but not more than 2 ounces shall be subject only to a civil penalty of not more than $100 and forfeiture of the marijuana not allowed by section 8 of this chapter, but shall not be subject to any other form of criminal or civil punishment or disqualification solely for this conduct.” and inserting in place thereof the following words: “age, may cultivate an unlimited amount of marijuana inside of his or her place of residence, and shall not be subject to any form of criminal or civil punishment for cultivating and possessing any amount marijuana.”

Section 7. Subsection (f) of section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by striking out the figure “(f)” and inserting in place thereof the following figure: (e).”

SECTION 20. Section 1.Said subsection (f) of section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby further amended by striking out the word “offense.” and inserting in place thereof the following words: “offense.” Such an offender shall also undergo a substance abuse evaluation conducted by a licensed alcohol and drug counselor as defined in section 1 of chapter 111J, and a report of the evaluation shall be provided to the parents or legal guardian and to the offender if over the age of 16.

Section 2. section 13 of Chapter 94G is further amended by adding the following new section, Section (h) Any person 21 years of age or older who fails to comply with the provisions of chapter 94G of the G.L. and as a result of such noncompliance a person under the age of 21, not his spouse, who was a foreseeable trespasser or guest acquires marijuana shall be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year or both.

Section 3. section 13 of Chapter 94G is further amended by adding the following new section, Section (I) Any person 21 years of age or older who knowingly allows a person under 21 years of age, to consume marijuana on premises or property owned or controlled by the person charged shall be punished by a fine of not more than $2,000 or by imprisonment for not more than 1 year or both.

Section 4. Section 13 of Chapter 94G is further amended by adding the following new section, Section (j) (1) Any person 21 years of age or older who sells, distributes or delivers marijuana to a person they know or should know is under 21 years of age, shall be punished by a fine of not more than $3,000 or by imprisonment for not more than 2 years or both. (2) Any person convicted of violating subsection (1) of this section after one or more prior convictions, or of any offense of any other jurisdiction, federal, state, or territorial, which is the same as or necessarily includes the elements of said offense, shall be imprisoned in state prison for not more than 5 years or a house of correction for not more than 2 years, or a fine of not less than $3,000 nor more than $5,000 or both such fine and imprisonment.”

Section 5. Section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by adding the following figure and language: “ (k) Whoever intentionally administers marijuana or causes marijuana to be ingested by a person without that person’s knowledge and consent, or whoever intentionally leaves unattended marijuana in a public place shall 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.”

Section 7. Section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by adding the following figure and language: “(m) The delivery of marijuana in or from a building, booth, stand or other place, except a private dwelling-house, such delivery in any case being to a person not a resident therein, shall be prima facie evidence that such delivery is a sale.”

Section 8. Section 13 of chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is hereby amended by adding the following figure and language: “(n) Issuance of search warrant for marijuana kept or deposited contrary to law Search warrants may issue upon the application of 2 persons of full age under oath setting forth the facts upon which they rely for their belief that marijuana described in the application is kept or deposited by a person named therein in the place specified therein and intended for sale contrary to law. In all other respects such application, warrant and execution shall comply with the provisions of sections 1, 2, 2A, 2B and 3 of chapter 276.”

SECTION 22. Chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is amended by adding at the end thereof the following new Section, Section 15, Chapter 334 of the Acts of 2016 and the inserted chapter 94G of the general laws and the amended sections to chapter 94G of the general laws shall apply retroactively to:

(a) all unpaid citations for violation of section 32L of chapter 94C;

(b) all criminal actions pending in the courts of the commonwealth alleging a person 21 years of age or older at the time of offense violated section 34 of chapter 94C;

(c) all criminal actions pending in the courts of the commonwealth alleging a person 21 years of age or older at the time of offense violated section 32C of chapter 94C by means of cultivating marijuana where there is insufficient proof that the defendant intended to distribute it for profit.

(d) all criminal actions pending in the courts of the commonwealth alleging a person 21 years of age or older at the time of offense violated section 40 of chapter 94C where the defendant was the customer and there is insufficient proof that the defendant intended to distribute it for profit.

SECTION 23. Chapter 94G of the General Laws, inserted by section 5 of chapter 334 of the acts of 2016, is amended by adding at the end thereof the following new section, Section 16. The commissioner of banks shall promulgate rules and regulations establishing standards relative to the provision of banking services by banks or credit unions under his supervision for the provision of banking services to entities authorized to engage in marijuana commerce under chapter 94C of the general laws. Such regulations to be established by July 1, 2017.

SECTION 24: Section 10 of chapter 209C of the general laws is amended by adding the following subsection: (g) In making an order or judgment relative to visitation or custody of child, a parent’s conduct related to marijuana permitted under chapter 94C shall not be considered misconduct.

SECTION 25. Section 14 of chapter 139 of the general laws is hereby amended by inserting after the word “thirty-eight” the words—“illegal keeping or sale of marijuana, as defined in chapter 94C,”.

SECTION 26. Section 3 of chapter 40A of the General Laws, as inserted by section 1 of chapter 351 of the acts of 2016, is hereby amended by striking out, in lines 39 - 42, the words “thereof provided, however, that the terms agriculture, aquaculture, floriculture or horticulture shall not include the growing, cultivation, distribution or dispensation of marijuana as defined in section 2 of Chapter 369 of the Acts of 2012, marijuana as defined in section 1 of chapter 94C or marijuana or marijuana as defined in section 1 of chapter 94G.” and inserting in place thereof the following word: ‘thereof;’

SECTION 27. Section 62 of chapter 149 of the General Laws is hereby amended as follows: (a)inserting after the word “bottled” in clause (13) — “or if under the age of 21 in the cultivating of cannabis or harvesting of cannabis or the production and packaging of marijuana products”; and (b)inserting after the word “liquors” in clause (14) —“or if under the age of 21 marijuana or marijuana products”.

SECTION 28. The provisions of sections 186, 187, 188-190, 192 and193 of chapter 94 of the General Laws in the case of food shall apply to marijuana and marijuana products; however, marijuana shall not be considered for purposes hereof a poisonous or deleterious substance.

SECTION 29. Section 187 of chapter 94 of the General Laws is hereby amended by striking the words ”cannabis” and “marijuana” following the words, “Fifth, if it is for use by man and contains any quantity of the narcotic or hypnotic substance.”

SECTION 3. The first paragraph of section 24J of chapter 90 of the General Laws is hereby amended by inserting after the word “liquor” the words “or marijuana”. The first paragraph of section 24J is further amended by inserting after the words “served alcohol” in the first paragraph the words “or marijuana”. The first paragraph of section 24J is further amended by inserting after the words “alcohol on the premises” the words “or marijuana on the premises”. The second paragraph of section 24J is amended by inserting after the word “shall” the words “in the case of alcohol”. The second paragraph of section 24J is amended by inserting after the word “commission,” the words “or in the case of marijuana to the local licensing authority and”.

SECTION 31. Severability - The provisions of this law are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or application adjudged invalid. We the undersigned state under the pains and penalties of perjury that we have personally read the final text of this proposed statute, fully subscribe to its contents, are qualified voters of the commonwealth at the addresses printed below our names, and freely and voluntarily agree to be one of its original signers as required by Amendment Article 48 of the Constitution of the Commonwealth of Massachusetts.

Name:	District/Address:	Date Added:
Denise Provost	27th Middlesex	1/20/2017